Narendra Kumar vs Cantonment Board Meerut Cantt Meerut ...
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Allahabad High Court

Narendra Kumar vs Cantonment Board Meerut Cantt Meerut ... on 27 January, 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2026:AHC:17664
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
MATTERS UNDER ARTICLE 227 No. - 783 of 2026   
 
   Narendra Kumar    
 
  .....Petitioner(s)   
 
 Versus  
 
   Cantonment Board Meerut Cantt Meerut And 2 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Kiran Kumar Arora   
 
  
 
Counsel for Respondent(s)   
 
:   
 
A.S.G.I., Sudarshan Singh   
 
     
 
 Court No. - 5
 
   
 
 HON'BLE MANISH KUMAR NIGAM, J.     

1. Heard learned counsel for the parties and perused the record.

2. This writ petition has been filed seeking following relief :- "to allow this petition, to call for the records and set aside the order dated 07.01.2026 and further direct the Court below to decide the restoration application dated 17.09.2025 (Annexure No.11 to this petition) at an early date;"

3. It has been contended by learned counsel for the petitioner that in a suit which was filed by the petitioner against the demolition order passed under the provisions of Cantonment Act in view of Section 250 of the Cantonments Act, 2006, a direction was given by this Court on certain conditions that constructions shall not be demolished subject to the injunction being granted by the Court below. It has been further contended by learned counsel for the petitioner that money was deposited and the interim order was extended from time to time and on one fine day, when the petitioner moved an application for adjournment, the same was rejected and the suit itself was dismissed in default by order dated 8.9.2025. Against the order dated 8.9.2025, application under Order 9 Rule 13 CPC was filed. Subsequently, petitioner also filed an application for interim relief. Application for interim relief is not being decided by the Court below and there is eminent threat of dispossession of the petitioner.

4. In any view of the matter, since the proceedings are pending before the Court below, it would be appropriate that a suitable direction may be issued to the Court below to consider and the decide the interim application, expeditiously.

5. Accordingly, the writ petition stands disposed of with a direction to the Additional Civil Judge (Senior Division), Court No.9, Meerut to decide the interim application filed by the petitioner, in accordance with law, expeditiously, preferably within four weeks from the date of production of a certified copy of this order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. Application under Order 9 Rule 13 CPC shall also be considered and decided, in accordance with law, expeditiously, preferably within twelve weeks thereafter.

(Manish Kumar Nigam,J.)

January 27, 2026

Rishabh