Jiya Lal And 3 Ors vs U.P. Ziladhikari , , Faizabad And 3 ...
2014 Latest Caselaw 4506 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- MISC. BENCH No. - 6306 of 2003
 

 
Petitioner :- Jiya Lal And 3 Ors
 
Respondent :- U.P. Ziladhikari , , Faizabad And 3 Ors
 
Counsel for Petitioner :- S.C Sitapuri,S.C.Sitapuri
 
Counsel for Respondent :- C.S.C
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Vishnu Chandra Gupta,J.

Heard learned counsel for the petitioners and learned standing counsel.

This petition has been filed by the petitioners Jiya Lal, Chandrika Prasad, Shyam Lal and Indra Pal with a prayer to quash the order dated 27.11.2003 passed by learned S.D.M., Milkipur on applicaiton moved by O.P. No. 3 Bhagela and O.P. N o. 4  Ram Ambar by which the petitioners and O.P. No. 3 and 4 have been directed to have the possession of the land in equal share until the court of consolidation passed the order, otherwise in nature.

From the perusal of the record it reveals that the litigation is pending between the parties. In a case vide order dated 17.4.1993 the Addl. Commissioner Faizabad  abated the appeal on the  ground that process of the consolidation was initiated. The impugned order has been passed for the purpose of maintaining the peace and the dispute concerning the land may not  cause breach of peace till the claim of the parties not decided by the court of consolidation. The interim order has been passed  by this court to maintain the status quo for the period of three months. It is not affecting the claim of the parties with regard to the title of land in dispute. In such a circumstances, the impugned order dated 27.11.2003 is not suffering from any illegality or irregularity. The claim of the parties has to be decided by the court of consolidation,  it is  a too old  case, the court of consolidation would have decided, the claim of the parties over the land in dispute. In case, no such order has been passed, interim order dated 18.12.2003 shall be effective till such order is not passed.

Accordingly this petition is finally disposed of.

Order Date :- 19.8.2014

RPD