Allahabad High Court
AJAY KUMAR GUPTA AND 7 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The High Court ordered expeditious hearing of the appeals, appointment of a Commissioner to inventory and return the petitioners' property, and a stay on any further rights or dismantling of the shops, thereby disposing the petition.
Summary
The petitioners were evicted from shops under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and have filed multiple appeals before the Additional District Magistrate, Ballia. The High Court directed that these appeals be heard expeditiously with two hearing dates each week and that no adjournments be allowed on the ground of a bar strike. It ordered the Additional District Judge to appoint a Commissioner to open the locked shops, prepare an inventory of the petitioners' movable property, and have the inventory signed by the petitioners and the City Magistrate, Ballia. The movable property is to be returned to the petitioners and a report submitted to the judge hearing the appeals. Until the appeals are decided, the court stayed any creation of fresh rights in the shops in favour of third parties and prohibited dismantling of the shops. The petition was consequently disposed of in accordance with these directions.
Issues considered
- Whether the pending appeals against eviction orders should be expedited and heard without adjournment despite a bar strike
- Whether a stay should be imposed on any further rights or dismantling of the evicted shops pending the appeal outcome
- Procedural steps for inventory and return of petitioners' movable property
Legislation cited
Subjects
- eviction
- public premises
- stay order
- appeal hearing
- bar strike
- inventory of property
- property return
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 39747 of 2026
Ajay Kumar Gupta and others
.....Petitioner(s)
Versus
State of U.P. and others
.....Respondent(s)
Counsel for Petitioner(s) : Rakesh Kumar Upadhyay, Rishi Kant
Rai
Counsel for Respondent(s) : C.S.C.
Court No. - 2
HON'BLE J.J. MUNIR, J.
HON'BLE INDRAJEET SHUKLA, J.
1. The petitioners have already been dispossessed in proceedings taken
under the Public Premises (Eviction of Unauthorised Occupants) Act,
1971 and against the orders of eviction, appeals are pending before the
Additional District Magistrate, Court No. 1, Ballia, being Appeals Nos.
156 of 2026, 157, 2026, 158 of 2026, 159 of 2026, 160 of 2026, 161 of
2026, 162 of 2026 and 163 of 2026.
2. Let the aforesaid appeals be heard expeditiously by fixing two dates
of effective hearing every week.
3. On the dates of hearing, the appeals shall not be adjourned on the
ground that members of the Bar are striking work. The learned Counsel
appearing in the appeals will not heed to any call of the Bar, asking them
to disassociate themselves from judicial work; else, they will be
personally answerable to this Court.
4. The learned Additional District Judge, Court No. 1, Ballia shall
appoint a Commissioner, in whose presence, the shops, that have been
locked by the respondents after dispossessing the petitioners, shall be
WRIC No. 39747 of 2026
2
opened, and after preparation of an inventory of the petitioners' property
found in the respective shops, it shall be signed by the petitioners and the
City Magistrate, Ballia or his representative. The petitioners' movables
shall be returned to them and a report submitted to the learned Additional
District Judge concerned hearing the appeals.
5. In the meantime, till decision of the appeals by the Additional
District Judge, no fresh rights in the shops in favour of third parties shall
be created or the shops dismantled.
6. The petition stands disposed of in terms of the orders aforesaid.
7. The Registrar (Compliance) is directed to communicate this order to
the learned District Judge, Ballia, and through him, to the learned
Additional District Judge, Court No. 1, Ballia within 72 hours next.
(Indrajeet Shukla,J.) (J.J. Munir,J.)
September 30, 2026
I. Batabyal
Digitally signed by :-
ISHAN BATABYAL
High Court of Judicature at Allahabad
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