Allahabad High Court
Ramayan Prasad And Another vs Deputy Director Of Consolidation ... on 26 April, 2023
Bench: Chandra Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 18
Case :- WRIT - B No. - 1583 of 2023
Petitioner :- Ramayan Prasad And Another
Respondent :- Deputy Director Of Consolidation /Chief Revenue Officer And 4 Others
Counsel for Petitioner :- Lal Chandra Srivastava,Neeraj Srivastava
Hon'ble Chandra Kumar Rai,J.
Heard Mr. Lal Chandra Srivastava, Counsel for the petitioners and learned Standing Counsel for the State-respondents.
The instant writ petition has been filed for mandamus commanding the respondent No.1/Deputy Director of Consolidation/ Chief Revenue Officer Mirzapur to decide the stay application filed in revison No.651 of 2023 and till disposal of the application interim protection be granted.
Counsel for the petitioners submitted that against the order passed by appellate court dated 06.02.2023 in the title proceeding, the revison filed under Section 48 of U.P.C.H. Act along with the stay application is pending before the respondent No.1.
Copy of the grounds of revision, stay application as well as order sheet have been annexed as Annexure Nos.2 and 1 respectively to the writ petition in order to demonstrate that the case is not proceeding expeditiously.
Counsel for the petitioners placed reliance upon the judgement of this Court reported in 2007 (102) RD 498, Ali Sher Vs. State of U.P. Through Collector, Bijnor and Others in order to demonstrate that if order under appeal/ revision has serious civil consequences, then operation of the order must be suspended during the pendency of the appeal/ revision.
In order to appreciate the controversy, the perusal of paragraph No.20 of the writ petition is relevant which is as follows:
"20.That although the petitioners had filed revision before the respondent No.1 but general date has been fixed as 27.03,2023, thereafter 15.04.2023, but considering practice developed in the court of deputy director of consolidation no interim protection granted if no interim order before the court below and the village pradhan is bent upon to demolish the pakka construction and destroying the trees standing over the said plots no.1153, hence in view of law laid down by this Hon'ble Court reported in 1994 (1) UPLBEC 374 (Zahoor Ahmad Vs. Commissioner and others) and the judgment dated 23.11.2021 the parties be directed to maintain the status quo till the decision on interim relief. A true copy of direction dated 23.11.2021 are being annexed hereby with and marked as Annexure No.13 to the writ petition. "
On the other hand, learned Standing Counsel submitted that petitioners' revision is pending before the revisional court as petitioner should approach the revisional court for the redressal of their grievance.
I have considered the arguments advanced by the counsel for the parties and perused the records.
There is no dispute about the fact that title revision filed by the petitioners along with stay application is pending before the respondent No.1.
This Court in case of Ali Sher (Supra) has held as under in paragraph Nos.4 and 5 of the judgment:
4. It is well settled that once an appeal or revision is entertained by a higher Court against an order having civil consequences stay normally should be granted to avoid swinging pendulum unless the Court for the reasons to be recorded finds that there is no case for grant of stay as observed by the Hon'ble Apex Court in the case of Mool Chand v. Raza Buland Sugar Industries."
5. Considering the facts and circumstances, impugned order dated 16.11.2006 is hereby quashed. Writ petition stands allowed. Appellate Court is directed to dispose of the appeal of petitioner in accordance with law as expeditiously as possible preferably within a period of two months from the date of production of certified copy of this order before him and till the disposal of appeal as directed above, parties shall maintain status quo with regard to nature and possession over the land in dispute."
In view of ratio of law laid down by this Court in Ali Sher (Supra), the instant petition is finally disposed of directing the respondent No.1/ Deputy Director of Consolidation/ Chief Revenue Officer, Mirzapur to decide the petitioners' stay application expeditiously preferably within a period of two weeks from the date of production of certified copy of this order in the light of the judgment of Ali Sher (Supra). After deciding the stay application, petitioners' revision shall be decided in accordance with law within a period of six months from the date of passing of the order on the Stay application.
With the above observation, the writ petition is finally disposed of.
Order Date :- 26.4.2023
PS*
