Allahabad High Court
Mohd. Tauseef Khan vs State Of U.P. Thru. District ... on 15 September, 2023
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:59121
Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 4570 of 2023
Petitioner :- Mohd. Tauseef Khan
Respondent :- State Of U.P. Thru. District Magistrate, Sultanpur And 3 Others
Counsel for Petitioner :- Govind Kumar Chourasia
Counsel for Respondent :- C.S.C.,Mohan Singh
Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the parties.
2. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.
3. By means of this petition, the petitioner seeks expeditious disposal interim relief/stay application filed in Case No. D202204680002797 (Mohd. Tauseef Khan versus Gaon sabha & others) which has been filed under Section 30 of U.P. Revenue Code 2006 pending before respondent no.2/Upper Collector/Upper District Magistrate (Administrative) Sultanpur.
4. In support of the main reliefs sought, it has been indicated, based upon the facts indicated in the present petition, learned counsel for the petitioner that during the pendency of application for correction of map pending before respondent no.2 registered as Case no. D202204680002797, the respondent no. 4 is adamant to change the nature of the land and if nature of land is changed, the petitioner would suffer irreparable loss and injury as such, indulgence of this Court is required.
5. It has also been stated that the authority who can pass the final order can also pass interim order. In this regard, reference has been made to the judgment passed by the Division Bench of this Court in the case of Vinod Kumar Bhalotia vs. State of U.P. reported in 2000 (18) LCD 532. Relevant paras of the same read as under:-
"17. In the end we would also like to point out that if the State Government entertains a revision against an order granting permission under sub-section (3) of Section 15 of the Act at the instance of a third party who is a person aggrieved it will also have power to pass interim order like stay of the operation of the order of the Vice-Chairman or staying further construction or development. In Income Tax Officer v. Mah Knnhi [ AIR 1969 SC 430.] , the Supreme Court while considering the powers conferred on Income Tax Appellate Tribunal by Sections 254 and 255 of Income Tax Act observed as under:
"It is a firmly established rule that an express grant of statutory power carries with it by necessary implication the authority to use all reasonable means to make such grant effective. When Section 254 confers appellate jurisdiction it impliedly grants the power of doing all such acts or employing such means as are essentially necessary to its execution and that the statutory power carries with it the duty in proper cases to make such orders for staying proceedings as will prevent the appeal, if successful, from being rendered nugatory."
18. The law is well settled that every Tribunal has ancillary power to grant interim orders in order to carry out effectively the statutory duty cast upon it. If a proper case it made out, it will be open to the State Government to stay the order granting permission or to stop construction or development work otherwise it may lead to complication in the event the order granting permission is set aside or revoked."
5. Taking note of the aforesaid, the present petition is disposed of with the direction to respondent no.2/ Upper Collector/Upper District Magistrate (Administrative) Sultanpur to decide the pending application seeking interim relief protection preferred by the petitioner at earliest most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party preferably within a period of one month from the next date fixed in the case, if possible and if there is no other legal impediment in this regard.
6. It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law.
7. With the aforesaid, the petition is disposed of.
Order Date :- 15.9.2023/Mohit Singh/-
