The Allahabad High Court has stayed the demolition proceedings against six residents of Kharaunj village under the notice of Tehsildar Sadar, Hamirpur.
A Single Bench of Justice Manish Kumar Nigam passed this order while hearing a petition filed by Gul Mohammad.
The petition has been filed for the following relief:
“(i) issue a writ order or direction in the nature of certiorari quashing the notice dated 28.12.2024 passed by respondent no 3.
(ii) issue a writ order or direction in the nature of mandamus to directing the respondents authorities to not to interfere in the peaceful possession.”
Contention of the counsel for the petitioner is that proceedings under Section 67 of UP Revenue Code, 2006 were initiated against the petitioner which were decided against the petitioner. Appeal filed by the petitioner has also been dismissed by order dated 28.11.2024.
It has been further contended by the counsel for the petitioner that the petition, challenging the order dated 28.11.2024, is pending and is listed as fresh on 03.01.2025.
The Court noted that,
In the meantime, an undated notice has been received by the petitioner on 28.12.2024, directing the petitioner to vacate the premises in dispute within three days.
Since because of winter vacations, the petition filed by the petitioner could not be heard and therefore, it is prayed that till the writ petition is taken up, the demolition may not be carried out.
In view of these facts, the court provided that the matter be listed as fresh on 03.01.2025.
“Till the next date of listing, the operation and effect of undated notice received by the petitioner on 28.12.2024, is stayed and no demolition shall be carried out in pursuance of aforesaid notice,” the Court ordered.
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