Disposed

Devi Sahay v. State of U.P. Thru Addl Chief Secy Revenue Civil Sectt Lko and 4 Others

Allahabad HC30 Nov 2022/8535/2022

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition declaring itself not inclined to interfere. It directed the appellate authority to decide a stay application at the earliest and ordered no demolition till that decision, conditional on the petitioner filing the stay application within two days.

What did the court decide?

No demolition of the house pending decision on a stay application in the pending appeal by the appellate authority.

Devi Sahay Vs State of U.P. Thru Addl Chief Secy… — Landlord and Tenant | Allahabad HC (2022)

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Court No. - 2 Case :- WRIT - C No. - 8535 of 2022 Petitioner :- Devi Sahay Respondent :- State Of U.P. Thru Addl Chief Secy Revenue Civil Sectt Lko And 4 Others Counsel for Petitioner :- Ajay Kumar Pandey Counsel for Respondent :- C.S.C.,Mohan Singh

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Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Saurabh Srivastava,J.

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Heard Shri Ajay Kumar Pandey, learned counsel for the petitioner, learned State Counsel representing the Staterespondents and Shri Mohan Singh, learned counsel representing the Gaon Sabha/Land Management Committee concerned.

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It has been stated by the learned counsel for the petitioner that against the order of eviction and payment of damages the petitioner has instituted an appeal before the Collector, Sultanpur which is said to be pending, however, during pendency of the said appeal the tehsil authorities are bent upon demolition of the house which is constructed on the land in question. It has further been stated by the learned counsel for the petitioner that along with the appeal stay application has also been moved.

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In view of the aforesaid, we are not inclined to interfere in the writ petition, which is hereby disposed of with the direction to the appellate court/authority to consider the stay application, if the same has been filed by the petitioner along with the appeal and take a decision thereon at the earliest. If the petitioner has not filed any stay application along with appeal, he is permitted to do so within two days from today which shall be decided at the earliest by the appellate authority.

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We also direct that till the stay application is decided by the appellate court/authority, demolition of the house in question shall not take place. However, in case the petitioner has not moved any stay application in the appeal or he does not move any stay application within two days from today in the pending appeal, the benefit of this order shall not be available to him.

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Order Date :- 30.11.2022 akhilesh/

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Digitally signed by AKHILESHWAR KUMAR Date: 2022.12.01 12:00:07 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Devi Sahay v. State of U.P. Thru Addl Chief Secy Revenue Civil Sectt Lko and 4 Others

Case brief

What is this about?

What did the court decide?

Devi Sahay v. State of U.P. Thru Addl Chief Secy Revenue Civil Sectt Lko and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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