Shri Gopal Kumar Mishra v. Gove Of Andhra Pradeshrnment

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1145/2026, CM APPL. 33074/2026 & CM APPL. 33075/2026 Shri Gopal Kumar Mishra .....Petitioner Through:

Mr. Yogeshwar Krishna Purohit, Mr.

Dhananjai Shekhawat, Mr. Mayank Chaplot, Advs.

versus Government of Andhra Pradesh & Ors.

.....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 14.05.2026 1.

This hearing has been done through hybrid mode. 2.

The matter has been listed on urgent mentioning by the Hon'ble Chief Justice.

3.

The present petition under Article 227 of the Constitution of India, 1950 read with Section 151 of the CPC seeks the following prayers: - "A. Direct the Respondents not to take any coercive action, dispossess the Petitioner, demolish the temple structure or interfere with the peaceful possession and functioning of Shri Shiv Venkateshwar Mandir during pendency of the Stay Application in Appeal No. PP 07/2026 pending before the Learned Principal District Judge, Patiala House Courts, New Delhi B. Direct maintenance of status quo with respect to the temple premises till disposal of the Stay Application pending before the Learned Appellate Court.

C. Pass any other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Learned counsel appearing on behalf of the petitioner submits that an appeal bearing no. PPA 07/2026 under Section 9 of the Public Premises Act, 1971 challenging the eviction order dated 24.04.2026 is pending adjudication before the learned Principal District and Sessions Judge, Patiala House Courts, New Delhi. It is pointed out that along with the said appeal an application seeking stay was listed before the said Court on 07.05.2026. On the said date, the learned Principal District and Sessions Judge, Patiala House Courts, New Delhi issued notice for 05.06.2026. It is submitted on behalf of the learned counsel for the petitioner that during the pendency of said stay application, respondent's officials and police authorities are continuously threatening forcible dispossession of the petitioner. 5.

It is further submitted that an appropriate application was filed before the learned Principal District and Sessions Judge, Patiala House Courts, New Delhi for urgent listing of the hearing of the stay application. However the learned Principal District and Sessions Judge, Patiala House Courts, New Delhi did not pass any orders and kept the matter for 05.06.2026 itself. 6.

In these circumstances, the present petition is disposed of requesting the learned Principal District and Sessions Judge, Patiala House Courts, New Delhi to list the said application filed on behalf of the petitioner on an earlier date and decide the same in accordance with law. 7.

Till then, no coercive steps shall be taken against the petitioner. It is made clear that the said protection is only till the decision on the said application seeking stay before the Principal District and Sessions Judge, Patiala House Courts, New Delhi is taken.

8.

Order be given dasti under the signatures of the Court Master. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

The petitioner will appear before the Principal District and Sessions Judge, Patiala House Courts, New Delhi on 15.05.2026 at 02:00 P.M. 10.

Learned Principal District and Sessions Judge, Patiala House Courts, New Delhi is requested to expedite the hearing of the said application. 11.

Needless to state that nothing stated hereinabove is an opinion on the merits of the case, and any observations made herein are only for the purposes of the present petition.

12.

Copy of the order be sent to learned Principal District and Sessions Judge, Patiala House Courts, New Delhi for necessary information and compliance.

13.

Order be uploaded on the website of this Court, forthwith. AMIT SHARMA, J MAY 14, 2026/kr/sg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.