Allahabad High Court
KESHRAJ AND ANOTHERversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The writ petition was dismissed as the appeal against the impugned order is pending, and no stay or mandamus was granted.
Summary
The petitioners filed a writ petition seeking a mandamus to restrain the State authorities from dispossessing them of a portion of Plot No. 59 (recorded as Harijan Abadi) which was being treated as part of Plot No. 58 (Chakroad) in Azamgarh. They also asked that the order dated 18‑01‑2023, passed under Section 67 of the U.P. Revenue Code, 2006, not be implemented. The State’s standing counsel informed the court that an appeal against the 18‑01‑2023 order is already pending before the District Magistrate, Agra. The court held that, because the appeal is pending, the writ petition serves no useful purpose and therefore disposed of it without expressing any view on the merits. The court directed the second respondent to decide the pending appeal expeditiously, within three months, after serving all parties.
Issues considered
- Whether a writ petition seeking a stay of execution of an order under Section 67 of the U.P. Revenue Code, 2006, is maintainable when an appeal against that order is already pending.
- Whether the High Court can grant mandamus to restrain dispossession of the petitioners' property while the appeal is pending.
Legislation cited
- U.P. Revenue Code, 2006 — s. 67
Subjects
- Writ petition
- Mandamus
- Section 67
- U.P. Revenue Code, 2006
- Pending appeal
- Property dispute
- Stay of execution
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17587 of 2026
Keshraj And Another
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Kumar
Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the
State and perused the record.
2. The instant writ petition has been filed for the following relief:
"A. Issue a writ order or direction in he nature of Mandamus by
restraining the respondent authorities from dispossessing the petitioners
from the property in question bearing part of Plot No. 59 which is
recorded as Harijan Abadi, which is illegally treating as a part of plot
No. 58 which is recorded as Chakroad situated in Village Ahiyahi,
Pargana - Nizamabad, Tehsil Sadar, District - Azamgarh.
B. Issue a writ order or direction in he nature of Mandamus directing the
respondents authorities not to implement the judgment and order passed
against the petitioners on 18.01.2023 in a proceeding initiated under
section 67 of U.P. Revenue Code, 2006 by adopting any coercive method
and status quo on spot may also be directed to maintained."
3. Learned Standing Counsel has submitted that against the order dated
18.01.2023, passed under Section 67 of the U.P. Revenue Code, 2006, the
petitioner has already filed an appeal, which is pending before the court of
District Magistrate, Agra.
4. Since the appeal is pending, no useful purpose would be served in keeping
this petition pending.
WRIC No. 17587 of 2026
2
5. Considering the facts and circumstances of the case, without expressing
any opinion on the merits of the case, the present petition stands disposed of
finally with a direction to respondent No. 2 to consider and decide the
aforementioned appeal, 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 upon all the opposite parties and
giving opportunity of hearing to the parties concerned and without granting
unnecessary adjournments to either of the parties provided that there is no
other legal impediment.
(Manish Kumar Nigam,J.)
May 6, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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