Court No. - 19 Case :- CONSOLIDATION No. - 506 of 2010 Petitioner :- Harish Chandra S/O Ram Sewak & Ors. Respondent :- Deputy Director Consolidation Faizabad & Ors. Petitioner Counsel :- Rajendra Pratap Singh Respondent Counsel :- C.S.C. Hon'ble S.C. Chaurasia,J.
Heard learned counsel for petitioners, learned Standing Counsel and perused
the record.
This writ petition under Article 226 of the Constitution of India has bene filed
with the prayer that a writ, order or direction in the nature of Certiorari may
be issued quashing the order dated 17.06.2010, to the extent as it relates to
refusal of granting stay order, contained as Annexure No.1 to the writ petition
and the opposite parties may be directed not to give effect to order dated
15.04.2010 passed by the Settlement Officer, Consolidation, contained as
Annexure No.3 to the writ petition and not to disturb the possession of the
petitioners over the land in dispute.
Learned counsel for petitioners has submitted that the petitioners have
preferred revision against the order dated 15.04.2010 passed by Settlement
Officer, Consolidation in appeal, but, the learned revisional Court has
declined to stay the operation of the said order during the pendency of
revision. His contention is that if the appellate Court’s order dated 15.04.2010,
is implemented during pendency of revision, the revisionist would suffer
great injustice and the purpose of revision would be frustrated.
It is expedient in the interest of justice that operation of order of appellate
Court may be stayed during the pendency of revision and the revisional Court
may be directed to dispose of the revision within stipulated period.
The opposite party no.1 Deputy Director, Consolidation, Faizabad is directed
to dispose of revision no. 1721 – Smt. Budhna Devi and others Vs. Ganga
Prasad and others, expeditiously, in accordance with law, preferably within a
period of four months from the date a certified copy of the order of this Court
is filed in the said court.
Operation of appellate Court’s order dated 15.04.2010 shall remain stayed till
the disposal of revision.
It is made clear that the petitioners shall not be entitled to seek unnecessary
adjournments under the garb of the order of this Court.
With these observations/directions, the writ petition stands disposed of finally.
Order Date :- 4.8.2010
psd