SMT. SARITA @ SAVITAversusSTATE OF U.P. AND 3 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                      WRIT - C No. - 28351 of 2026

Smt. Sarita @ Savita
                                                         .....Petitioner(s)
                                 Versus

State Of U.P. And 3 Others
                                                       .....Respondent(s)

Counsel for Petitioner(s)           :   Santosh Kumar Shukla
Counsel for Respondent(s)           :   C.S.C., Sunil Kumar Singh

Court No. - 37
                 HON'BLE CHANDRA KUMAR RAI, J.

1. Heard learned cousnel for the petitioner, Mr. Shridhar Tripathi,

learned Standing Counsel for the State-respondents and Mr. Sunil

Kumar Singh, learned counsel for Gram Sabha.

2. The instant writ petition has been filed for the following relief:

     " (i). Issue a writ, order or direction in the nature of
     MANDAMUS directing the respondent no. 2 i.e.
     Additional District Magistrate (Judicial), Ghaziabad to
     decide the appeal i.e Case No. 797 of 2026
     (Computerized Case No. D202611280000797) (Sarita
     @Savita Vs. State of U.P. and others), under Section
     67(5) of the U.P. Revenue Code, 2006 and further be
     directed the respondent authority not to make any
     recovery as well as eviction proceeding against the
     petitioner in pursuance of the ex-parte judgment and
     order dated 28.03.2024 passed by Tehsildar/Assistant
     Collector    (Second      Class),    Tehsil-Loni,     District-
     Ghaziabad, in Case No. 02647/2019 (State of U.P. Vs.
     Sarita), under Section 67 of Revenue Code, 2006, till
     the final disposal of the appeal preferred by
     petitioner under Section 67(5) of the U.P. Revenue
     Code, 2006.
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                           2


    (ii) Issue a writ, order or direction in the nature of
    MANDAMUS directing the respondent authorities not
    to initiate any recovery proceedings against the
    petitioner in pursuance of the recovery citation
    issued by Tehsildar, Loni dated 18.02.2026, till the
    final disposal of the appeal preferred by petitioner
    under Section 67 (5) of the U.P. Revenue Code, 2006,
    before the Additional District Magistrate (Judicial),
    Ghaziabad against the judgment and order dated AH
    28.03.2024 passed by Tehsildar/Assistant Collector
    (Second Class) Loni, Ghaziabad."

3. This Court on 07.08.2026 directed the respondent no.2-

Additional District Magistrate (Judicial) Ghaziabad to consider the

delay condonation matter within time bound period.

4. In pursuance of the order of this Court, instruction dated

22.09.2026 sent by Additional District Magistrate (Judicial)

Ghaziabad is taken on record.

5. Mr. Shridhar Tripathi, learned Standing Counsel for the State-

respondents on the basis of the instruction dated 22.09.2026

submitted that delay in filing the appeal has been condoned, record

has been summoned and date has been fixed for disposal of

appeal under Section 67 (5) of U.P. Revenue Code, 2006 in

accordance with law, as such petitioner should participate in the

proceeding of appeal.

6. Learned cousnel for the petiotner submitted that authorities are

going to implement the order of Tehsildar as such order of

Tehsildar should be stayed during pendency of the aforementioned

appeal. He further placed reliance upon the judgment of this Court

reported in 2007 (102) RD 498 Ali Sher Vs. State of U.P.
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                            3


through Collector, Bijnor and others, in order to demonstrate

that interim protection should be granted during pendency of

appeal / revision if the order under appeal/ revision has serious

consequences.

7. I have considered the arguments advanced by the learned

counsel for the parties and perused the record.

8. There is no dispute about the fact that appeal under Section 67

(5) of U.P. Revenue Code, 2006 is pending before respondent

No.2/Additional District Magistrate (Judicial), Ghazabad after

condoning the delay in filing the appeal.

9. This Court in the case reported in 2007 (102) RD 498 Ali Sher

Vs. State of U.P. through Collector, Bijnor and others, has held

that if order under appeal or revision has serious consequence

then operation of the order must be suspended till pendency of the

appeal/ revision. Paragraph Nos.4 & 5 of the judgment rendered in

Ali Sher (Supra) will be relevant which are as under:


     "4. It is well settled that once an appeal or revision is

     entertained by a higher Court against an order

     having civil consequences stay normally should be

     granted to avoid swinging pendulum unless the

     Court for the reasons to be recorded finds that there

     is no case for grant of stay as observed by the

     Hon'ble Apex Court in the case of Mool Chand v.

     Raza Buland Sugar Industries.

     5.   Considering     the   facts   and   circumstances,
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                                          impugned order dated 16.11.2006 is hereby quashed.

                                          Writ petition stands allowed. Appellate Court is

                                          directed to disposal of the appeal of petitioner in

                                          accordance with law as expeditiously as possible

                                          preferably within a period of two months from the

                                          date of production of certified copy of this order

                                          before him and till the disposal of appeal as directed

                                          above, parties shall maintain status quo with regard

                                          to nature and possession over the land in dispute."


                                    10. Considering the ratio of law laid down by this Court in Ali Sher

                                    (Supra) as well as the entire facts and circumstances of the case

                                    the instant writ petition is finally disposed of directing the

                                    respondent no.2/Additional District Magistrate (Judicial) Ghaziabad

                                    to decide the aforementioned petitioner's appeal after affording

                                    opportunity of hearing to the parties expeditiously preferably within

                                    a period of three months from the date of production of certified

                                    copy of this order. It is further directed that till the disposal of the

                                    aforementioned appeal, the effect and operation of the order dated

                                    28.03.2024 passed by Tehsildar shall remain in abeyance.

                                    September 24, 2026
                                    PS*

                                                                                 (Chandra Kumar Rai,J.)




Digitally signed by :-
PRITI SHARMA
High Court of Judicature at Allahabad