Supplementary affidavit filed today be kept on record.
The objections of the contesting respondents were rejected by the Consolidation Officer vide order dated 8.6.2005. Against the rejection of the objections an appeal was preferred before the Settlement Officer Consolidation. The appeal was allowed vide order dated 22.3.2010. Thus the petitioner preferred a revision before the D.D.C. along with an application for stay wherein a limited stay order was passed which was operative till 3.5.2010. Now the stay order is not being extended on the pretext that the notification under section 52 has been issued on 16.7.2005 and the possession has also changed.
The submission of the learned counsel for the petitioner is that there is no bar under the Act in preferring an appeal or revision after close of consolidation proceedings and as such the authorities are fully competent to pass an interim order as to extend the same protecting rights of the parties. Therefore the D.D.C. is not justified in not extending the stay order.
In view of the aforesaid facts and circumstances I consider it expedient and proper in the interest of justice to dispose of the writ petition with the direction to the D.D.C. to consider and decide the pending revision no. 748 of 2010 of the petitioner in accordance with law as expeditiously as possible preferably within a period of three months from the date of the production of the certified copy of this order which the petitioner undertakes to produce within 2 weeks from today. It is further provided that for a period of four months or till the decision of the revision whichever is earlier, the parties shall maintain status quo with regard to the nature and possession of land in dispute.
Order Date :- 23.6.2010 R.C.