Heard Mr. S.M.Abuzar Zaidi, learned counsel for the petitioner and the learned Standing counsel.
The petitioner has prayed for issuing a writ of mandamus commanding the opposite party no.4 i.e. consolidation Officer, Bikapur, Faizabad from executing the judgment and order dated 21.12.2009 passed by the opposite party no.2 i.e. Settlement Officer Consolidation, Faizabad and entering the names of the opposite parties 5 to 12 in the revenue records during the pendency of revision.
Learned counsel for the petitioner submits that against the order dated 21.12.2009 passed by the Settlement Officer Consolidation, Faizabad the petitioner preferred a revision along with application for stay order, which is still pending consideration. He further submits that the petitioner has hope to success in the revision as well as to get interim relief in his favour and if during the pendency of revision the names of the opposite parties 5 to 12 are entered in the revenue records, they shall try to dispossess the petitioner from the land in dispute. It is not in dispute that till date the petitioner has not succeeded to get any relief either interim relief or final relief. Therefore, it is not appropriate for this court to issue direction to the opposite parties to restrain from implementation of the order passed by the court below. However, it is provided that the revisional authority shall proceed to decide the revision itself expeditiously and if he feels difficulty in deciding the same, he shall entertain the application for stay order at an early date and dispose of the same after providing opportunity of hearing to the parties concerned.
With the aforesaid observation, the writ petition is dismissed. Order Date :- 7.1.2010 GSY