Heard learned counsel for the petitioners, Sri S.B.Pandey, learned Senior Advocate-A.S.G. assisted by Sri Varun Pandey, learned counsel for the Union of India.
The present writ petition has been preferred by the petitioners for directing the learned Additional District Judge, Court No. 1, Faizabad to decide the Miscellaneous Civil Appeal No. 13 of 2020, in re: Subhash Bakshi and Others Versus Estate Officer and another. It has further been prayed to restrain the respondent no. 3 from evicting the petitioners from the premises in question i.e. Survey No. 178, Cantt. Faizabad now Ayodhya in pursuance to the order date 08-05-2020 passed by the respondent no. 2, during the pendency of the appeal.
Learned counsel for the petitioners has submitted that against the eviction order dated 08-05-2020 passed by the respondent no. 2, Misc. Civil Appeal No. 13 of 2020 has been preferred which is still pending and no interim order has been granted. During the pendency of the appeal, an application/letter dated 12-04-2021 has been sent by the respondent no. 3 to the District Magistrate for providing adequate police force for evicting the petitioners from the premises in question, which has compelled the petitioners for filing the present writ petition.
Learned counsel for the petitioners has relied upon the order dated 24-04-2021 passed by this court in Public Interest Litigation (PIL) No. 564 of 2020, In re Versus State of U.P.,wherein para no. 4, this court has directed that any orders or eviction, dispossession or demolition, already passed by the High Court, District Court or Civil Court, if not executed till the date of passing of this order, shall remain in abeyance for the period till 31-05-2021. For convenience, para no. 4 is quoted below :-
"4) That any orders of eviction, dispossession or demolition, already passed by the High Court, District Court or Civil Court, if not executed till the date of passing of this order shall remain in abeyance for the period till 31-05-2021."
On the other hand, learned counsel for the respondents has submitted that the petitioners are neither the lease holders nor lease was renewed or extended in their favour after 1987 and the petitioners are unauthorizedly in occupation of the premises in question for the last more than 30 years.
After hearing learned counsel for the parties, since the appeal alongwith interim injunction application of the petitioners is pending, hence without entering into the merit of the case, it is hereby directed to the appellate court to decide the Misc. Civil appeal No. 13 of 2020 alongwith interim injunction application filed by the petitioners expeditiously. The benefit of the interim order dated 24-04-2021 passed by this court in Public Interest Litigation (PIL) No. 564 of 2020 is also extended to the petitioners particularly as per para no. 4 of the said order, which has already been quoted hereinabove.
With the aforesaid observations/directions, the writ petition is disposed of finally.
Order Date :- 13.5.2021 AKS