Court No. - 5 Case :- WRIT - B No. - 47925 of 2010 Petitioner :- Smt. Radha Rani Respondent :- State Of U.P. & Others Petitioner Counsel :- Jamal Ali,V.S. Parmar Respondent Counsel :- C.S.C. Hon'ble Vikram Nath,J.
Heard learned counsel for the petitioner.
Admit.
Issue notice.
The argument advanced on behalf of the petitioner is that the appeal under
Section 11 of the U.P. Consolidation of Holdings Act, 1953 is pending before
the Settlement Officer, Consolidation. It is further submitted that as the
interim order passed in the appeal has subsequently been vacated by the
Settlement Officer Consolidation, the petitioner has filed a revision before the
Deputy Director of Consolidation, Hamirpur which is registered as Revision
No.313 of 2009 which is also pending. In the meantime the respondent no.6
filed an application before the Deputy Collector/Sub Divisional Magistrate,
Tahsil Ghatampur, District Kanpur Nagar on 29.7.2010 for taking possession
over the land covered in the proceedings pending before the Settlement
Officer Consolidation and the Deputy Director of Consolidation. The Sub
Divisional Magistrate on 29.7.2010 has issued directions to the Station
Officer and the Consolidation Officer of the concerned area to get the
disputed plots measured and possession delivered to respondent no.6 by using
police force.
The Court is prima facie of the opinion that the order passed by the Sub
Divisional Magistrate is without jurisdiction and not warranted in the facts of
the case.
Till further orders of this Court the effect and operation of the order dated
29.7.2010 passed by the respondent no.5 shall remain stayed.
Order Date :- 12.8.2010
RPS