Court No. - 9 Case :- MISC. SINGLE No. - 14 of 2010 Petitioner :- Ram Nath [ U/A 227 ] Respondent :- Board Of Revenue Lko.And Ors. Petitioner Counsel :- Shafiq Mirza Respondent Counsel :- C.S.C. Hon'ble Devendra Kumar Arora,J.
Notice on behalf of the opposite party no.1 has been accepted by the learned
Chief Standing Counsel.
Notice need not be issued to the opposite party no.2 in view of the order,
which the Court proposes to pass.
Heard counsel for the parties.
By means of present writ petition, the petitioner is seeking a writ of
mandamus commanding the opposite party no.1 to consider and decide the
revision/ prayer for interim stay within reasonable period of time fixed by this
Hon’ble Court.
The submission of the counsel for the petitioner is that the petitioner has filed
revision on 21.07.2009 before the Board of Revenue challenging the order
dated 13.07.2009 passed by the Additional Commissioner, Lucknow Division,
Lucknow. The petitioner has also prayed for staying the operation of the order
dated 13.07.2009 in revision petition.
The further submission of the counsel for the petitioner is that sufficient time
has elapsed but the prayer for interim stay could not be considered and
disposed of by the opposite party no.1 and taking advantage of delay the
opposite party no.2 is trying to disturb the petitioner’s peaceful possession.
Counsel for the petitioner prays that necessary direction be issued to the
opposite party no.1 to consider and decide the application for interim stay
filed in revision petition within a stipulated period of time fixed by the
Hon’ble Court.
Learned Standing Counsel has no objection to the prayer made by the counsel
for the petitioner.
In view of the above and without entering into the merits of the case, the
opposite party no.1 is hereby directed to consider and decide the application
for interim stay of the petitioner pending before him in revision petition
within a period of one month from the date of presentation of certified copy of
this order.
Till the disposal of the application for interim stay, the status-quo as it exists
today will be maintained by the parties.
With the aforesaid observations and directions, the writ petition is disposed of
finally.
Order Date :- 7.1.2010
Suresh/-