Notice on behalf of respondent nos. 1, 2, 3, 4 and 5 has been accepted by Shri Vinay Bhushan, learned Additional Chief Standing Counsel.
Let notices be issued to respondent no. 6 by Registered Post-A.D.
Steps be taken within a week.
It is the case of the petitioner that proceedings under Section 28 of the Land Revenue Act were initiated at the instance of contesting respondent no. 6. Subsequently, on an application filed by the said respondent an order of status quo was passed as regards plot no. 1350. Even though the proceedings for correction of map were with regard to plot no. 1348 recorded in the name of the contesting respondents. On the interim application aforesaid, an order of status quo was passed which was, however, subsequently recalled on the application of the petitioner. This order, recalling the interim order, was challenged by means of revision no. C2014100000208 wherein the revision has been admitted and the record of the court below has been summoned.
The proceedings under Section 28 for correction of map are in no way related to the activities that may be going at on the spot.
Under the circumstances, there is no justification for grant of interim order of status quo, specially, on the allegations in the application for interim relief. The interim order therefore was rightly recalled on the application of the petitioner.
In view of the above, the effect and operation of the impugned order dated 31.1.2014 passed by the Additional Commissioner (Judicial) Lucknow Division, Lucknow is hereby stayed. Even further proceedings in the said revision shall remain stayed until further orders.
It is further directed that the Additional Collector, Kheeri shall proceed with Suit No. 254/275/11/12 under Section 28 of the U.P. Land Revenue Act pertaining to village Mailani, Tehsil Kukra, District Kheeri and the proceedings shall be brought to their logical conclusion within a period of three months from the date of production of certified copy of this order.
Order Date :- 7.3.2014 Priyanka