Allahabad High Court
Harendra Singh And 3 Others vs State Of U.P. And 2 Others on 22 March, 2023
Bench: Chandra Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 18
Case :- WRIT - B No. - 1046 of 2023
Petitioner :- Harendra Singh And 3 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Abhishek Mishra,Rahul Mishra
Counsel for Respondent :- C.S.C.
Hon'ble Chandra Kumar Rai,J.
Heard learned counsel for the petitioners and the learned standing counsel for the state-respondents.
The instant writ petition has been filed, seeking a writ of mandamus, commanding respondent no.2/Deputy Director of Consolidation, Meerut to decide the stay application as well as the Revision No.210/2022 and further respondents be restrained not to interfere with the peaceful possession of the petitioners over the plots in dispute, within the stipulated time.
Counsel for the petitioners states that title revision along with the stay application is pending before the revisional court for the last about 10 months but no order has been passed on the stay application. He further submitted that the other side is interferring with the peaceful possession of the petitioners, as such, an interim protection is required in the matter. He further placed reliance on a decision 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 the interim protection be granted during pendency of appeal / revision if the order under appeal and revision has serious civil consequences.
On the other hand, learned standing counsel states that the petitioners can approach the revisional court for an interim protection so far as the revision is concerned, the hearing of the same can be expedited.
I have considered the arguments advanced by learned counsel for the parties and perused the records.
There is no dispute about the fact that the title revision along with the stay application is pending before the revisional court for the last about 10 months but no order has been passed on stay application till date.
Since the title revision under Section 48 of the U.P. C.H. Act along with stay application is pending before the revisional court and there is interference with the possession of the petitioners in respect to plot in dispute, as such, petitioners are entitled to interim protection in the matter in view of law laid down in Ali Sher (supra).
Paragraph nos. 4 & 5 of the judgment rendered in Ali Sher (supra) are relevant which are as under:-
"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 disposal 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 the facts and circumstances of the case and in view of the ratio of law laid down in Ali Sher (supra), without expressing any opinion on the merits of the case, this petition is disposed of with the direction to respondent no.2 to consider the petitioners' stay application filed along with the aforesaid revision, as expeditiously as possible, preferably within a period of 6 weeks, from the date of production of a certified copy of this order before the authority concerned and further the entire revision shall also be considered and decided within a further period of 4 months from the date of disposal of the stay application, without granting unnecessary adjournments to either of the parties, in accordance with law.
It is further directed that till the disposal of the stay application by respondent no.2, parties shall maintain status quo with respect to nature and possession over the plot in dispute.
Order Date :- 22.3.2023
C.Prakash
