Court No. - 9
Case :- WRIT - B No. - 5637 of 2018 Petitioner :- Mahendra Singh Respondent :- Deputy Director Of Consolidation And 2 Others Counsel for Petitioner :- Brahma Kumar Tiwari,Omar Zamin Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner.
The instant writ petition is directed against an order dated 06.09.2018 passed by the Deputy Director of Consolidation in a revision filed by the respondents, which arose out of an application under Section 42A of the U.P. Consolidation of Holdings Act, filed by the petitioner.
The revision has been entertained, notices have been directed to be issued to the opposite parties therein, the lower Court record has been summoned and the operation of the order impugned in the revision has also been stayed.
The contention of counsel for the petitioner is that the interim order granted by the Court below is an exparte interim order and therefore, this writ petition.
I do not find any merit in the writ petition. The revision is pending and the petitioner should approach the court for vacating the interim order and also seeking a decision of the revision on its merit. There exist no justification for entertaining the writ petition at this stage as it would necessarily entail an attempt to prejudice an issue which can and must be decided by the revisional Court.
Subject to the above, this writ petition fails and is dismissed.
Order Date :- 27.11.2018 RKM