Allahabad High Court
Rajit Ram Verma And 2 Others vs State Of U.P. Thru. Prin. Secy. ... on 5 September, 2023
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:58508
Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 4485 of 2023
Petitioner :- Rajit Ram Verma And 2 Others
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko And 3 Others
Counsel for Petitioner :- Abdul Alim Khan
Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Lavania,J.
Heard.
In view of the order proposed to be passed by this Court, notice to the private-respondent(s) is dispensed with.
Present petition has been filed for the following main relief:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the OP No.3/Naib Tehsildar, Tehsil- Sadar Bahraich, District- Bahraich to decide the stay vacation application dated 05.07.2023 in Case No.4727 of 2022 (Computerized No.T202208150104727) Rajit Ram & Others vs. Baba Deen filed under Section 209 of U.P. Revenue Code, 2006, pertaining to Village- Tedhiya, Paragana- Fakharpur, Tehsil- Sadar Bahraich, District- Baharaich pending before him since 17.05.2023, in the interest of justice."
Taking note of the the fact as indicated in the present petition that the mutation case No.T202208150104727 instituted under Section 34 of U.P. Revenue Code, 2006 was decided vide order dated 12.12.2022 and thereafter, the opposite party No.4-Madal Lal preferred an application dated 17.05.2023 with a prayer to restore the case to its original number along with an application for condonation of delay, duly supported by an affidavit, as also with the application to stay the implementation and operation of the order dated 12.12.2022 and thereupon the opposite party No.3-Naib Tehsildar, Tehsil-Sadar Baharaich, District- Baharaich vide its order dated 17.05.2023 directed the parties to maintain status-quo and being aggrieved, the petitioners preferred an application dated 05.07.2023 for vacation of interim order dated 17.05.2023 which is pending consideration as also that it is trite law that prior to passing any order either for interim protection or on merits, the application for condonation of delay should be considered and decided first as observed by the Division Bench of this Court in the judgment passed in the case of Ram Prakash vs. Deputy Director of Consolidation, Hardoi & Others, decided on 03.02.2022 as also by the Hon'ble Apex Court in the case of Noharlal Verma vs. Dist. Cooperative Central Bank Ltd. reported in (2008) 14 SCC 445, this Court finds it appropriate to direct the respondent No.3-Naib Tehsildar, Tehsil-Sadar Baharaich, District-Baharaich to consider and decide the Stay vacation application dated 05.07.2023, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of three months from the next date fixed in the case, if there is no other legal impediment.
It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law.
With the aforesaid, the petition is disposed of.
Order Date :- 5.9.2023
Vinay/-
