Neha Sahu and 12 Others Vs Addl. District Judge… — Writ and Judicial Review | Allahabad HC (2025)

Neha Sahu and 12 Others Vs Addl. District Judge… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with directions to the Additional District Judge: (i) orders on the petitioners' interim application to be passed positively on 06.08.2025; (ii) no coercive action against the petitioners till disposal of the interim application; (iii) appellate court to pass interim-application orders on its own merit, unaffected by this order; (iv) all appeals to be decided with expedition, preferably within four months; directions apply to all petitioners.

Issue for consideration

Whether the appellate court should pass an interim (stay) order on the petitioners' pending interim application in their appeals against the eviction order passed under the Public Premises Act. +1 more

Court's answer

The petition is disposed of directing the Additional District Judge to pass orders on 06.08.2025 positively on the interim application preferred by the petitioners.

Ratio / Principle

Until the disposal of the interim application, no coercive action shall be taken against the petitioners.

Key takeaways

The appellate court shall pass orders on the interim application on its own merit, without being affected by the present order.ratio¶13
Keeping in view the public interest involved, the appellate court shall endeavour to decide all the appeals with all expedition, without unnecessary adjournments, preferably within four months.ratio¶13
The present order shall apply to all the petitioners of this petition.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Neutral Citation 2025:AHC-LKO:44428), MATTERS UNDER ARTICLE 227 No. - 4570 of 2025 (Neha Sahu And 12 Others v. Addl. District Judge Cbi 3 (Incharge District Judge) Lko. And 3 Others), Order Date 31.7.2025, Hon'ble Pankaj Bhatia, J. — Petitioners aggrieved that although their appeals against an eviction order passed under the Public Premises Act were entertained vide order dated 19.07.2025, the appellate court was not passing interim orders, whereas a similarly placed appellant had received an interim order on 27.02.2025 (paper book p.178); the order impugned fixed consideration of the stay application for 06.08.2024. Considering counsel's apprehension, the Court disposed of the petition, directing the Additional District Judge to pass orders positively on 06.08.2025 on the interim application, ordering that no coercive action be taken against the petitioners till then, that the appellate court act on its own merit unaffected by this order, and that, in public interest, all appeals be concluded with expedition, without unnecessary adjournments, preferably within four months; the directions apply to all thirteen petitioners.

Neutral Citation No. - 2025:AHC-LKO:44428

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 4570 of 2025

Petitioner :- Neha Sahu And 12 Others

Respondent :- Addl. District Judge Cbi 3 ( Incharge District Judge ) Lko. And 3 Others Counsel for Petitioner :- Piyush Kumar Agarwal Counsel for Respondent :- Namit Sharma,Ratnesh Chandra,Shubham Tripathi

Hon'ble Pankaj Bhatia,J.

Heard Sri Prashant Chandra, learned Senior Advocate assisted by Sri Piyush Kumar Agarwal the counsel for the petitioners, Sri Shubham Tripathi the counsel for the respondent 2 and Sri Shailendra Singh Chauhan who appears for the respondent no.4.

The present petition has been filed by the petitioners stating that in an appeal preferred by the petitioners against an order of eviction passed under the Public Premises Act, although the appeals have been entertained vide order dated 19.07.2025, the interim order is not being passed in the case of the petitioners.

It is argued that in similar circumstances, the interim order was passed in a similarly placed persons's appeal on 27.02.2025, which is on record at page no. 178 of the paper book.

The order impugned indicates that the matter for considering the stay application is fixed on 06.08.2024.

Considering the apprehension expressed by the counsel for the petitioners, the present petition is disposed off directing the Additional District Judge to pass orders on 06.08.2025 positively on the interim application preferred by the petitioners.

Till the disposal of the interim application, no coercive action shall be taken against the petitioners.

It is stated that the appellate court shall pass orders on its own merit without being affected with the present order. It is further directed that keeping in view the public interest involved, the appellate court shall endevour to decide all the appeals with all expedition without giving any unnecessary adjournments to any of the parties preferably within a period of four months.

This order shall apply to all the petitioners of this petition.

Order Date :- 31.7.2025 VNP/-

Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench