Heard Mr.S.C.Sitapuri, learned counsel for the petitioner and Mr.V.K.Mishra, learned counsel for opposite parties 3, 4 and 5.
The petitioner is aggrieved with the order dated 1st of May, 2006, passed by the Deputy Director of Consolidation in Revision No.1506 and 1631. The petitioner has claimed his right over the land in question on the basis of the sale deed executed in his favour by the opposite parties 4 and 5. It is not in dispute that for cancellation of said sale deed a regular suit has been instituted before the Civil Court, Faizabad, which has been registered as Regular Suit No.68 of 2005. The civil suit is pending without any order of temporary injunction.
Keeping in view the observations made in the order impugned, Mr.Mishra, learned counsel for the opposite parties submits that once the matter has been remanded to decide afresh by the Consolidation Officer under Section 9 of U.P.C.H.Act, there is no occasion to keep this matter pending to adjudicate upon on the merit of the case.
Upon perusal of the order, I find that the Assistant Consolidation Officer, has not acted property in accordance with law, therefore, the matter has been remitted for a fresh consideration, which does not require any interference by this court, however, keeping in view the sale deed executed in favour of the petitioner by the opposite parties 4 and 5, this court by means of interim order dated 23rd of June, 2006 has protected the petitioner's possession over the land in question till fresh order of the Consolidation Officer. Keeping in view the facts and circumstances of the case, I am of the view that the petitioner, who is a purchaser of the land has a right to maintain the possession over the land in question till the order either it is passed by the court of Consolidation Officer or by the Civil Court. Accordingly without interfering in the order impugned, I hereby protect the petitioner's possession till the order passed otherwise either by the Civil Court or by the Court of Consolidation Officer. Accordingly, the writ petition is disposed of finally. Order Date :- 4.1.2010 Banswar