Court No. - 6 Case :- WRIT - C No. - 70220 of 2009 Petitioner :- Vyas Respondent :- State Of U.P. & Others Petitioner Counsel :- S.K. Dwivedi Respondent Counsel :- C.S.C. Hon'ble Arun Tandon,J.
Heard learned counsel for the parties.
It is stated that revision filed by the petitioner being Revision No. 146/143/D-
2009 against an order of the Up-Ziladhikari dated 24th December, 2008
passed in appeal no. 121 of 2008 under Section 210/211 of the U.P. Land
Revenue Act has been admitted under order dated 5th February,2009 but the
stay application has been rejected.
Petitioner has come up with a prayer before this Court that stay application
may be directed to be decided afresh and in the alternative the revision itself
may be finally disposed of.
Having examined the records of the present writ petition, I am of the
considered opinion that the prayer so made is totally misplaced. Once the
stay application has been rejected there is no occasion for any order being
passed for decision of the same afresh. Petitioner is always at liberty to file a
fresh stay application, if certain new facts or new developments take place,
which may necessitate further interim protection.
So far as the second prayer qua early disposal of the revision is concerned,
this Court finds that large number of revisions filed earlier are pending
consideration, no exceptional facts are stated for permitting the petitioner to
jump the queue.
The writ petition is accordingly dismissed.
Order Date :- 4.1.2010
Sushil/-