Court No. - 9
Case :- WRIT - C No. - 14765 of 2019 Petitioner :- Faujdar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Kumar Singh Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav Connected with Case :- WRIT - C No. - 14766 of 2019 Petitioner :- Faujdar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Kumar Singh Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Anjani Kumar Mishra,J.
Heard counsel for the parties.
Both the writ petitions have been filed by the same petitioner and both arise out of proceedings under Section 67 of the U.P. Revenue Code, 2006.
The proceedings were drawn against the petitioner on account of his having unauthorizely encroached upon the property belonging to the Gaon Sabha.
The contention of counsel is that eviction of the petitioner was ordered, imposing damages. Against the order of eviction and damages, an appeal is stated to have been filed before the Collector, Ghazipur on 15.04.2019.
It has been contended that no stay has not been granted and that the stay applications in both the cases is pending.
The writ petitions are disposed of directing the court concerned to either dispose of the stay application or, in case possible, decide the appeal itself on its merits because it appears that the lower court records have already been summoned and therefore no useful purpose will be served in dealing only with the stay application.
Therefore, if possible, the Court concerned may endeavour to decide the appeals itself as expeditiously as possible and preferably on the next date fixed in the matter.
Order Date :- 30.4.2019 Mayank