Chandrapal and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Chandrapal and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the present writ petition — seeking certiorari to quash the SDM, Ghaziabad order dated 07.08.2025 in Case No. 7138 of 2023, mandamus to the District Judge, Ghaziabad to decide Misc. Civil Appeal No. 70 of 2025, and non-interference with the petitioners' possession of khasra No. 1294 Mi until adjudication of the appeal — is misconceived, given that the petitioners have already filed the said appeal pursuant to the Court's order dated 24.09.2025, which fixed a timeline for disposal of the stay application.

Court's answer

Since the petitioner had already filed the appeal (Misc. Appeal No. 70 of 2025 under Section 9 of the Act of 1972) as directed by this Court vide its order dated 24.09.2025 disposing of the earlier writ petition Writ-C No. 33637 of 2025, which order also fixed a timeline for disposal of the stay application, the present writ petition seeking the same relief is misconceived and was accordingly dismissed.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 9; Arun Kumar, J.), Writ-C No. 37127 of 2025, Chandrapal and Another v. State of U.P. and Another, decided 19 November 2025. The petitioners sought (i) certiorari to quash the order dated 07.08.2025 of the Sub Divisional Magistrate, Ghaziabad in Case No. 7138 of 2023 (T20231128107138) (Nagar Nigam Ghaziabad v. Chandrapal and another), and (ii) mandamus to the District Judge, Ghaziabad to decide their appeal Misc. Civil Appeal No. 70 of 2025 filed under Section 9 of the Act of 1972 (Public Premises Act, 1972), and that the authorities not interfere with their possession of khasra No. 1294 Mi measuring 355 sq. m. at Village Makanpur, Pargana Loni, Tehsil and District Ghaziabad, till final adjudication of the appeal. Counsel for respondent no.2 pointed out this was the second writ petition challenging the same order: the earlier petition, Writ-C No. 33637 of 2025, had been disposed of on 24.09.2025 with liberty to appeal under Section 9 of the Public Premises Act, 1972, directions that the interim-protection application be decided within 10 days and the appeal be decided on merits expeditiously. As the petitioners had already filed the appeal as directed and a timeline for disposal of the stay application had been fixed, the present petition seeking the same relief was held misconceived and dismissed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 37127 of 2025

Chandrapal And Another

.....Petitioner(s)

Versus

State of U.P. and Another

.....Respondent(s) Counsel for Petitioner(s) : Manoj Kumar Dubey Counsel for Respondent(s) : C.S.C., Raghuvansh Misra

Court No. - 9

HON'BLE ARUN KUMAR, J.

1. The present petition has been filed for the following reliefs:-

"(i). Issue a writ order or direction in the nature of certiorari to quash the impugned order dated 07.08.2025 passed by learned Sub Divisional Magistrate, Ghaziabad in Case No. 7138 of 2023 (T20231128107138) (Nagar Nigam Ghaziabad Vs. Chandrapal and another). (Annexure No.11 to this writ petition).

(ii). Issue any other writ order or direction of a suitable nature of mandamus directing the District Judge, Ghaziabad to decide the appeal filed by petitioners being Misc. Civil Appeal No. 70 of 2025 (Chandrapal and another Vs. Nagar Nigam Ghaziabad and others) and also may kindly be pleased to direct the respondent authorities not to interfere in the peaceful possession of the petitioners bearing khasra No. 1294 Mi and measuring 355 square meter situated at Village-Makanpur, Pargana- Loni, Tehsil and District-Ghaziabad, till the final adjudication of the appeal filed Under Section 9 of the Act of 1972 registered as Misc. Appeal No. 70 of 2025 (Chandrapal and another Vs. Nagar Nigam, Ghaziabad and another)."

Sri Shivang Singh, holding brief of Sri Raghuvansh Misra, learned counsel for the respondent no.2 points out that this is the second writ petition challenging the order of respondent no.2, dated 07.08.2025. The earlier writ petition being Writ-C No.33637 of 2025 was filed by the petitioner, which was disposed of vide order dated 24.09.2025 with

WRIC No. 37127 of 2025

2

liberty to the petitioner to avail statutory remedy of appeal under Section 9 of the Public Premises Act, 1972 with following observations:-

"5. In the facts and circumstances of the case and without interfering with the order dated 07.08.2025, the present writ petition is disposed of finally with liberty to the petitioner to file an appeal before the appellate authority against the order dated 07.08.2025. In case such appeal is preferred by the petitioners within a period of two weeks from today along-with application for the grant of interim protection, the appellate authority will consider and decide the application for the interim protection within 10 days' from the filing of the same.

Needless to say that appellate authority will also decide the entire appeal on merit, expeditiously."

In view of the aforesaid fact, as the petitioner has already filed the appeal as directed by this Court vide order dated 24.09.2025, fixing a timeline for disposal of stay application, the present petition for the same relief is misconceived and is, accordingly, dismissed.

(Arun Kumar,J.)

November 19, 2025

Ashok Kr.

Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad