Hon'ble Manish Mathur,J.
The case is taken up through video conferencing. It is accompanied with an application for urgency which on consideration is allowed.
Heard learned counsel for petitioner as well as learned Additional Chief Standing Counsel appearing for opposite parties and perused the record.
The writ petition has been filed seeking following reliefs:
"i. A writ, order or direction in the nature of certiorari thereby quashing the impugned order dated 1.4.2021 passed by the opp. Party no.4 alongwith execution order/letter dated 01.04.2021 as contained in Annexure No. 5 to this writ petition.
ii. A writ, order or direction in the nature of mandamus to stay the execution of the order dated 1.4.2021 passed by the opp. Party no.4 till the pendency of the Revenue Appeal pending before the Addl. Commissioner (Judicial), Lucknow Division, Lucknow.
iii. A writ, order or direction in the nature of mandamus commanding the opposite parties not to take any coercive measure in terms of impugned order against the petitioner.
iv. Any other order or direction as this Hon'ble Court may deemed just fit and proper may also be passed.
v. Allow the writ petition with cost."
After considering the submissions made by learned counsel for parties and going through the record, we find that petitioner has preferred an appeal before Additional Commissioner (Judicial), Lucknow Division, Lucknow against the order dated 01.04.2021 alongwith stay application which is listed on 13.04.2021.
In this view of the matter, we do not find any reason to grant indulgence at this stage. The writ petition is accordingly dismissed with liberty to petitioner to pursue the said appeal. In case, there is any urgency in the matter, the petitioner may move an application disclosing the urgency.
We find that in paragraph 10, the petitioner has himself stated that he has moved an urgency application on 07.04.2021 but due to boycott of advocates, the Court of Additional Commissioner (Judicial), Lucknow Division, Lucknow is not sitting. In case, any such application is pending, opposite party no.2 i.e. the Additional Commissioner (Judicial) Lucknow shall consider the same and do the needful in accordance with law, expeditiously.
With these observations, the writ petition is dismissed.
(Manish Mathur,J.) (Ritu Raj Awasthi,J.) Order Date :- 12.4.2021 Subodh/-