KAMAL PANDEY AND ANOTHERversusSTATE OF UTTAR PRADESH AND 5 OTHERS

                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                 WRIT - C No. - 15428 of 2026

Kamal Pandey And Another
                                                                                       .....Petitioner(s)
                                                 Versus
State Of Uttar Pradesh And 5 Others
                                                                                    .....Respondent(s)

Counsel for Petitioner(s)                       :    Ashutosh Kumar Saroj, Srijan Mehrotra
Counsel for Respondent(s)                       :    C.S.C., Pradeep Singh

Court No. - 36
                        HON'BLE MANISH KUMAR NIGAM, J.

1. Heard Shri Anil Mehrotra, learned Senior Counsel assisted by Shri Abhishek
Mishra, learned counsel for the petitioner, learned Standing Counsel and learned
counsel for the respondents. Perused the record.

2. This writ petition has been filed seeking following relief :-

      "It is, therefore, Most Respectfully prayed that this Hon'ble Court be pleased to allow the
      instant Petition and be further pleased to set-aside the Order dated 09.04.2026 passed by
      the Respondent No. 2 in 'Appeal / Case No. D201916660000091 of 2019' (now numbered
      as 'CASE NO. RST/1780/2025' Computerised 'Case No. D202516660001780 of
      2025;Amarnath Pandey Vs. Om Prakash Pandey', as well as be further pleased to issue the
      necessary direction to the Respondent No. 2 for deciding the Stay Application filed in the
      aforesaid Appeal / Case within the stipulated period and / or be further pleased to direct
      both the parties, i.e., the Private-Respondents No. 5 and 6 herein for maintaining the strict
      status-quo with regard to the nature and possession over the Suit / Appeal / Case property,
      i.e., 'Gata No. 251घ Area 2-19-0' and 'Gata No. 252ग Area 1-2-0', situated at: 'Village -
      Auri, Pargana - Sinrauli, Tehsil Dudhi, District: Sonbhadra', as otherwise, the
      Petitioners/Appellants would suffer irreparable loss and injury, and / or be further pleased
      to pass such other and further order /orders as this Hon'ble Court may deem fit and proper
      in the circumstances of the case in the interest of Justice."


3. Contention of learned counsel for the petitioner is that in appeal, petitioner
preferred certain stay applications of various dates. All such applications have been
rejected by the Appellate Court on the ground that opposite parties have appeared and
parties are ready to argue the matter, therefore, there is no reason to pass an interim
order. It has been further contended by learned counsel for the petitioner that such
view is wholly erroneous, application for interim relief ought not to have been rejected
on this ground that parties are ready to argue the matter.

4. Since the proceedings are pending, no useful purpose would be served in keeping
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                                                                        2

                                    this writ petition pending.

                                    5. Accordingly, the writ petition stands disposed of with a direction to respondent
                                    No.2 to consider and decide the above-mentioned proceedings, in accordance with
                                    law, expeditiously, preferably, within a period of three months 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 as well as giving a reasonable opportunity of leading
                                    evidence in respect of their case provided there is no other legal impediment.

                                    6. It is made clear that this Court has not examined the matter on merits. Till disposal
                                    of the aforesaid proceedings, parties are directed to maintain status quo.

                                    7. It is further provided that petitioner shall co-operate in disposal of the aforesaid
                                    proceedings and will not seek any undue adjournments to linger on the proceedings
                                    and in case any effort is being made by the petitioner, the interim protection granted
                                    by this Court shall automatically be vacated.

                                    April 23, 2026
                                    Rishabh
                                                                                               (Manish Kumar Nigam,J.)




Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad