Court No. - 36
Case :- WRIT - B No. - 3284 of 2018 Petitioner :- Ram Bahadur And 4 Others Respondent :- Kallu Ram And 6 Others Counsel for Petitioner :- Harsh Vikram Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
The present petition is directed against the order dated 15.3.2018 passed on an application moved by the opposite party No.1 for vacation of the interim order dated 8.3.2018.
The petitioners are revisionists in the pending Revision No.860 of 2017 (Ram Bahadur & Ors. v. Kallu Ram & Ors.) wherein an ex- parte interim order dated 8.3.2018 was passed. It appears that the stay vacation application was moved by the opposite party No.1 with the assertion therein that the ex-parte interim order dated 8.3.2018 was passed without providing him opportunity inasmuch as, his caveat application was not reported and the appeal against the order passed under Rule 109 of the U.P. Consolidation of Holdings Rules, 1954 is pending consideration.
It is demonstrated by the learned counsel for the petitioners that the interim order dated 8.3.2018 was vacated by the order passed on 15.3.2018 by making an endorsement at the left side of the application itself i.e. without granting an opportunity of hearing to the petitioner.
In view of the above noted facts apparent on the face of the record, (page '39' of the paper book) this Court is of the view that the order dated 15.3.2018 cannot be sustained. The stay vacation application filed by opposite party No.1 is required to be heard on merits after giving due opportunity to the petitioners/revisionists to object to the same.
In view of the above, the present petition is being disposed of with the direction to the Deputy Director of Consolidation, Allahabad to fix a date for hearing of the stay vacation application filed by the opposite party No.1. It would be open for the petitioners to file their objection, if any, in writing before the Deputy Director of Consolidation. A fresh decision in accordance with law on the merits of the stay vacation application filed by the opposite party No.1 shall be taken by the Deputy Director of Consolidation within a period of four months from the date of submission of certified copy of this order after providing due opportunity of hearing to all concerned. For a period of one month from today or till the disposal of the stay vacation application, whichever is earlier, the effect and operation of the order dated 15.3.2018 passed by the Deputy Director of Consolidation shall be kept in abeyance.
Order Date :- 27.3.2018 Jyotsana