Rehana Begam v. Deputy Director of Consolidation Saharanpur and 19 Others

Court No. - 48 Case :- WRIT - B No. - 827 of 2023 Petitioner :- Rehana Begam Respondent :- Deputy Director Of Consolidation Saharanpur And 19 Others Counsel for Petitioner :- Narendra Mohan,Shiksha Shukla Counsel for Respondent :- C.S.C.,Guru Prasad Mishra,Soneya Advani Hon'ble Saurabh Shyam Shamshery,J.

¶1This Court has passed following order on

03.03.2023-: "Instant writ petition has been filed assailing the order dated 07.02.2023 passed by the Deputy Director of Consolidation by which application for interim order has been rejected without assigning any cogent reason. It is submitted that the Deputy Director of Consolidation has rejected the application only on the ground that staying the effect and operation of the order dated

09.02.2023, which has been challenged in the revision, is not proper. Except the said observation, no reasoning has been assigned by the Deputy Director of Consolidation. The matter requires consideration. Respondent nos. 1, 2 and 20 are represented through learned Standing Counsel. Counsel for the private respondent no. 16 is also present. Issue notice to respondent nos. 3 to 15 and 17 to 19 fixing

01.05.2023 as the date. The petitioner to take steps within ten working days. In the meantime parties shall exchange their respective affidavits. Till the next date of listing parties shall maintain status quo, as on date, with respect to the nature and possession over the property in question. It is made clear that no third party right shall be created over the property in question during this period. Learned counsel for the parties present have requested for issuing a direction to the Deputy Director of Consolidation, before whom revision is pending consideration, to decide the same expeditiously. Considering the facts and circumstances of the case, the revisional court is hereby directed to decide the revision on its own merits in accordance with law, after giving opportunity of hearing to the parties concerned, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order."

¶2Six months' period have already been expired, however, today learned counsel for petitioner are not present. Even there is no affidavit in regard to present status of revision petition.

¶3In these circumstances, I do not find any reason to keep this writ petition pending, therefore, this writ petition is disposed of with an observation that revision petition, if still not decided, be decided by Deputy Director of Consolidation within a period of one month from today.

¶4Interim order shall remain in currency only for a period of one month from today or till revision petition is decided within stipulated period, whichever is earlier.

¶5Registrar (Compliance) to take steps to communicate the order to Authority concerned. Order Date :- 1.12.2023 Nirmal Sinha High Court of Judicature at Allahabad