Court No. - 38 Case :- WRIT - B No. - 35930 of 2010 Petitioner :- Brij Pal Singh Respondent :- Dy. Director Of Consolidation Bijnor And Others Petitioner Counsel :- Swarn Kumar Srivastava Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
Supplementary affidavit filed today be kept on record.
The objections of the contesting respondents were rejected by the
Consolidation Officer vide order dated 8.6.2005. Against the
rejection of the objections an appeal was preferred before the
Settlement Officer Consolidation. The appeal was allowed vide
order dated 22.3.2010. Thus the petitioner preferred a revision
before the D.D.C. along with an application for stay wherein a
limited stay order was passed which was operative till 3.5.2010.
Now the stay order is not being extended on the pretext that the
notification under section 52 has been issued on 16.7.2005 and the
possession has also changed.
The submission of the learned counsel for the petitioner is that
there is no bar under the Act in preferring an appeal or revision
after close of consolidation proceedings and as such the authorities
are fully competent to pass an interim order as to extend the same
protecting rights of the parties. Therefore the D.D.C. is not
justified in not extending the stay order.
In view of the aforesaid facts and circumstances I consider it
expedient and proper in the interest of justice to dispose of the writ
petition with the direction to the D.D.C. to consider and decide the
pending revision no. 748 of 2010 of the petitioner in accordance
with law as expeditiously as possible preferably within a period of
three months from the date of the production of the certified copy
of this order which the petitioner undertakes to produce within 2
weeks from today. It is further provided that for a period of four
months or till the decision of the revision whichever is earlier, the
parties shall maintain status quo with regard to the nature and
possession of land in dispute.
Order Date :- 23.6.2010
R.C.