The Single Judge disposed of the writ petition at the admission stage without examination of merits, permitting a fresh representation to the Additional District Magistrate.
Permitted fresh representation to respondent no.5 within three days for an expeditious order on the interim stay application.
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Court No. - 49
Case :- WRIT - B No. - 2907 of 2019
Petitioner :- Ummed Ali Respondent :- Deputy Director Of Consolidation And 3 Others Counsel for Petitioner :- Surendra Pratap Singh Counsel for Respondent :- C.S.C.,Mahesh Narain Singh
Hon'ble Prakash Padia,J.
Learned counsel for the petitioner is permitted to implead Additional District Magistrate (Finance and Revenue), District Bulandshahar as respondent no.5 during course of the day.
Heard learned counsel for the petitioner.
Learned Standing Counsel has accepted notices on behalf of respondents no.1, 2 and 5. Sri Mahesh Narain Singh, Advocate, has accepted notice on behalf of respondent no.3.
In view of the order proposed to be passed today, notice need not to be issued to respondent no.4.
The petitioner has preferred the present writ petition with the following main prayer:-
" (i) Issue a writ order or direction in the nature of mandamus directing the respondents not to measure/interfere in peaceful possession of the petitioner over the chak/land in dispute."
It is argued by Sri S. P. Singh, learned counsel for the petitioner that a revision has been preferred by the petitioner before the Deputy Director of Consolidation, Bulandshahar/respondent no.1 against the order dated 1.11.2019 passed by the Settlement Officer of Consolidation in Appeal No.292. It is further argued that along-with the said revision an application for grant of interim injunction was also filed on 18.11.2019, copy of which is appended on page 26 to the writ petition. The petitioner is in peaceful possession over the land in dispute and his crops is standing over the land/chak in question but the private respondent no.4 is trying to cut away the standing crops with the collusion of the authorities. It is further argued that in case his stay application will not be considered at an early date, he will suffer irreparable loss. It is further stated in paragraph 9 of the writ petition that at present there is no Deputy Director of Consolidation in district Bulandshahar and Additional District Magistrate (Finance and Revenue), Bulandshahar is holding the charge of the Deputy Director of Consolidation.
Heard learned counsel for the parties.
With the consent of learned counsel for the parties, the writ petition is being disposed of at the admission stage itself.
In the facts and circumstances, the petitioner is permitted to make a fresh representation ventillating all his grievances before the respondent no.5/Additional District Magistrate (Finance and Revenue), Bulandshahar along-with certified copy of this order within a period of three days from today. If such a representation is made, the respondent no.5 is directed to pass appropriate order on the said application submitted by the petitioner, (copy of which is appended at page 26 to the writ petition) expeditiously and preferably within a period of one week, thereafter.
With the aforesaid observations, present writ petition is disposed of finally.
Order Date :- 6.12.2019 Pramod Tripathi
Ummed Ali
Deputy Director Of Consolidation
Additional District Magistrate (Finance and Revenue), District Bulandshahar
Prakash Padia
As recorded by the court registry
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