Allahabad High Court
Ram Prasad And Another vs State Of U.P. And 2 Others on 1 May, 2023
Bench: Chandra Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 18
Case :- WRIT - B No. - 1650 of 2023
Petitioner :- Ram Prasad And Another
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Jyotir Bhushan Singh
Counsel for Respondent :- C.S.C.
Hon'ble Chandra Kumar Rai,J.
1. Heard Sri Jyotir Bhushan Singh, learned counsel for the petitioners and the learned standing counsel for the state-respondent.
2. The instant writ petition has been filed, seeking a writ of mandamus, commanding respondent no.2, Settlement Officer (Consolidation), Banda to decide Appeal No.2 of 2023 (Computerized Case No.202354071100000032), under Section 11(1) of the U.P. C.H. Act, within the stipulated time and till the disposal of the appeal, no third-party-interest can be created in respect of the property in dispute.
3. Counsel for the petitioners submitted that title appeal filed by the petitioner is pending before respondent no.2 along with stay application. He further placed the order of the Consolidation Officer as well as the grounds of appeal and the stay application filed by the petitioner. Learned counsel for the petitioner further placed order dated 28.4.2015 passed by this Court in Writ B No.23988 of 2015, filed by contesting respondent no.4, in which while disposing of the writ petition, this Court has directed that no third-party-interest shall be created over the plot in dispute. It is further submitted that in pursuance of the order of this Court, the Consolidation Officer has decided the matter, accordingly, the petitioner has filed an appeal along with stay vacation application, as such, petitioner is entitled of the interim protection because the other side is adamant to create third-party-interest over the plot in dispute. 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.
4. On the other hand, learned standing counsel submitted that the appeal along with stay application is pending at the appellate court, as such, petitioner should approach the appellate court for redressal of his grievance.
5. I have considered the arguments advanced by learned counsel for the parties and perused the records.
6. There is no dispute about the fact that appeal under Section 11(1) of the U.P. C.H. filed by the petitioner along with stay application is pending for consideration before the appellate court.
7. This Court in the case of Ali Sher (supra) has held as under in paragraph nos. 4 & 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 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."
8. In view of the facts and circumstances of the case as well as 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 decide the aforesaid proceedings to its logical conclusion, as expeditiously as possible, preferably within a period of 4 months, from the date of production of a certified copy of this order before the authority concerned, without granting unnecessary adjournments to either of the parties, in accordance with law and till the disposal of the appeal, no third-party-interest shall be created by the parties to the appeal.
Order Date :- 1.5.2023
C.Prakash
