Court No. - 32 Case :- WRIT - C No. - 36011 of 2010 Petitioner :- Sayendra Kumar Respondent :- Commissioner Varanasi Divi. And Others Petitioner Counsel :- Manish,Gajla Srivastava Respondent Counsel :- C.S.C.,Mahesh Narain Singh Hon'ble Ran Vijai Singh,J.
It is contended by Sri Manish, learned counsel appearing on behalf of the
petitioner that the petitioner’s revision, filed against the order dated 1.6.2010
passed by Additional District Magistrate (Finance and Revenue), Jaunpur in
Case No. 84, under Section 115 of U.P. Zamindari Abulition Rules is
pending. The petitioner has also filed stay application for staying the
operation of the order dated 1.6.2010, in that Revision no order has yet been
passed and there is every likelihood of petitioner’s eviction from the land in
dispute, measuring about 0.022 H. in plot no. 228 situated in Gram
Mustafabad, Paragana Hawali, Tehsil Sadar, District Jaunpur.
In view of that the matter requires consideration.
Issue notice.
Notices on behalf of respondent nos. 1, 2 and 3 have been accepted by the
office of Chief Standing Counsel whereas Sri M.N. Singh, has put in
appearance for respondent no. 4, therefore, notices need not be served to them
again.
Issue notice to respondents no. 5 and 6 through registered post returnable at
an early date.
Learned counsel for the respondents may file counter affidavit within a period
of six weeks. Rejoinder affidavit, if any, may be filed two weeks thereafter.
List thereafter.
As an interim measure, without prejudice to the right and contention of the
parties, it is provided that the petitioner shall not be evicted from the land in
dispute without there being any order passed on the stay application by the
Commissioner / Additional Commissioner, Varanasi Region, Varanasi in
Revision No. 164 of 2010.
However, it may be clarified that this Court has not addressed itself on the
merit of either Stay application or Revision itself and the Court competent
may decide the Stay application on its merit in accordance with law.
Order Date :- 21.6.2010
Manoj