JIYALALversusSTATE OF U.P. AND 3 OTHERS

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - C No. - 34456 of 2026

Jiyalal
                                                            .....Petitioner(s)
                                   Versus

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

Counsel for Petitioner(s)                :   Prakash Chandra Gupta
Counsel for Respondent(s)                :   Azad Rai, C.S.C.

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

1. Heard Mr. Prakash Chandra Gupta, learned Counsel for the
petitioner, Mr. Azad Rai, learned Counsel for Gaon Sabha and Mr.
Raj Kumar Singh, learned Standing Counsel for the State
respondents.

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

"(i) A writ order or direction in the nature of mandamus directing to set
aside R.C. 20 dated 29.4.2022 and order dated 18.6.2026 passed by
learned Tehsildar Tehsil Handia, District Prayagraj in case no. 2092/ 2022
computerized case no. T202202030402092 (Gaon Sabha Vs. Jiyalal)
under Section 67 of U.P. Revenue Code, 2006 during the pendency of the
present writ petition before this Hon'ble Court..


II) A writ order or direction in the nature of mandamus, commanding and
directing the respondent authorities not to interfere in the peaceful
possession of the petitioner in plot in dispute i.e. Arazi no. 596 (Chh)
area about 0.0800 hect. out of 0.2380 hect. situated at Village- Kasaujha
Urf Pure Raghai Police Station Sarai Mamrej, Tehsil- Handia, District-
Prayagraj, till the disposal of the present writ petition before this Hon'ble
Court."

3. Counsel for the petitioner submitted that order for eviction and
damages has been passed by Tehsildar in illegal and arbitrary
manner vide order dated 18.6.2026. He submitted that restoration
application dated 9.7.2026 filed on behalf of the petitioner is pending
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                                    before the Tehsildar, as such, appropriate direction be issued to
                                    respondent no.3, Tehsildar to decide the petitioner's application within
                                    time bound period and till the disposal of the application, respondents
                                    be restrained from interfering with the possession of the petitioner.

                                    4. On the other hand, learned Standing Counsel for State and learned
                                    Counsel for Gaon Sabha submitted that no interference is required in
                                    the matter as against the order of eviction and damages, remedy of
                                    appeal is available. They submitted that petitioner has filed
                                    restoration application which is pending before the Tehsildar, as
                                    such, the instant petition cannot be entertained.

                                    5. I have considered the arguments advanced by learned Counsel for
                                    the petitioner, learned Standing Counsel for State, learned Counsel
                                    for Gaon Sabha and perused the records.

                                    6. There is no dispute about the fact that order for eviction and
                                    damages has been passed by Tehsildar from 18.6.2026 and
                                    restoration application dated 9.7.2026 filed on behalf of the petitioner
                                    is pending before respondent no.3.

                                    7. Considering the facts and circumstances of the case, interest of
                                    justice requires that pending restoration application dated 9.7.2026
                                    should be decided expeditiously.

                                    8. Considering the entire facts and circumstances of the case,
                                    without expressing any opinion on the merits of the issue, the present
                                    petition stands disposed of finally with a direction to respondent
                                    No.3, Tehsildar, Tehsil Handia, District Prayagraj to consider and
                                    decide the petitioner's restoration application dated 9.7.2026 in
                                    accordance with law expeditiously and preferably within a period of
                                    six months from the date of production of certified copy of this order
                                    after giving opportunity of hearing to the parties concerned and
                                    without granting unnecessary adjournments to either of the parties.



                                                                                   (Chandra Kumar Rai,J.)
                                    September 9, 2026
                                    Vandana Y.




Digitally signed by :-
VANDANA YADAV
High Court of Judicature at Allahabad