Allahabad High Court
Vinod Singh And 11 Others vs The State Of U P And 3 Others on 3 December, 2022
Bench: Chandra Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 52
Case :- WRIT - B No. - 3348 of 2022
Petitioner :- Vinod Singh And 11 Others
Respondent :- The State Of U P And 3 Others
Counsel for Petitioner :- Shravan Kumari,Adya Prasad Tewari
Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Chandra Kumar Rai,J.
Heard Neeraj Tewari holding brief of Shri A.P. Tewari, Counsel for the petitioners and learned Standing Counsel for respondent Nos. 1 to 3 and Shri Sudhir Bharti learned counsel for the Gaon Sabha, respondent no.4.
The instant writ petition has been filed praying for a mandamus directing respondent No.3, Settlement Officer Consolidation, Gorakhpur to decide the stay application dated 17.09.2019 filed by the petitioners in Appeal No.2019540531000176 of 2019, Sailesh Singh and 11 others Vs. State of U.P. and others, under section 11(2) of U.P. Consolidation of Holdings Act within stipulated period. They have also prayed that till the disposal of the stay application, the petitioners may not be dispossessed from the land in question.
Counsel for the petitioners submitted that petitioners filed an appeal under section 11(2) of U.P. Consolidation of Holdings Act along with stay application. He further submitted that respondents as well Gaon Sabha are adamant to dispossess the petitioners from the land in dispute, as such, interim protection is required in the matter.
He further placed reliance on the judgment of this Court reported in 2007 (102) RD 498, Ali Sher Vs. State of U.P. and another, in which it has been held that once appeal/ revision is entertained by higher court and appeal/revision has serious civil consequences, then operation of the order of the courts below must be suspended during the pendency of the appeal or revision.
I have considered the submission of the learned counsel for the petitioners and perused the record.
Since the title of appeal filed by the petitioners along with stay application is pending since the year 2019, as such the interest of justice requires that respondent no.3 be directed to decide pending stay application in the light of the judgment of this Court passed in Ali Sher (supra) expeditiously.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to respondent No.3, Settlement Officer Consolidation, Gorakhpur to consider and decide the aforementioned pending stay application in Appeal No.2019540531000176 of 2019, Sailesh Singh and 4 others Vs. State of U.P. and others under section 11(2) of U.P. Consolidation of Holdings Act in accordance with law expeditiously and preferably within a period of six weeks from the date of production of certified copy of this order. After passing the order on the stay application, the entire appeal shall be decided within a period of four months from the date of passing order on the stay application after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties.
Order Date :- 3.12.2022
SFH
