The Court disposed of the writ petition directing the first respondent to decide the stay application expeditiously within three months and prohibiting alienation of disputed property during the pendency.
Direction to first respondent to decide stay application within three months; restraint on alienation/transferred of disputed property.
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Court No. - 18
Case :- WRIT - C No. - 14544 of 2018
Petitioner :- Indra Dev Respondent :- Commissioner Basti, And 6 Others Counsel for Petitioner :- Rajesh Kumar Tiwari Counsel for Respondent :- C.S.C.,Dharam Deo Chauhan
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Sanjay Kumar Singh, learned Standing Counsel. Shri D.D. Chauhan has accepted notice on behalf of Gaon Sabha.
In view of the order proposed to be passed, notices need not go to private respondents.
The petitioner is before this Court for a direction to first respondent to decide the stay application in Appeal No.00180/2018, Computer Case No.C-201817000000180 (Indradev v. Suresh Chandra & Ors.) under Section 207 of UP Revenue Code, 2006 within stipulated period and for a further direction to respondent nos.2 to 6 not to alienate/ transfer the property in dispute during the pendency of aforesaid stay application.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of finally with a direction to the first respondent to consider and decide the aforesaid stay application in accordance with law expeditiously and preferably within a period of three months from the date of production of certified copy of this order but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, except upon payment of cost. It is also expected that meanwhile no third party interest shall be created by either of the parties over the disputed property for a period of three months or till the disposal of aforesaid stay application, whichever is earlier.
Order Date :- 23.4.2018 SP/
1 issue framed by the court
Whether to direct the first respondent to decide the stay application expeditiously.
Indra Dev
Commissioner, Basti
Mahesh Chandra Tripathi
As recorded by the court registry
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