Court No. - 42
Case :- WRIT - C No. - 23351 of 2021 Petitioner :- Ram Kumar And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Adya Prasad Tewari,Akhilesh Kumar Singh Counsel for Respondent :- C.S.C.,Chandra Bhan Yadav,Rameshwar Prasad Shukla
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner, Sri Pradeep Mishra, holding brief of Sri C.B. Yadav, appearing for Respondent nos. 5 and 6, Sri Rameshwar Prasad Shukla appearing for Respondent no.4 / Village Panchayat concerned and learned Standing Counsel.
Present petition has been filed for quashing the impugned order dated 16.7.2021 passed by the Addl. Commissioner, Azamgarh Division, Azamgarh in Review Case No. 128/A (Computerized Case No. C- 202115000000182) and also commanding him to conclude the proceeding of the Review Case No.128/A of 2021 (Computerized Case No. C-202115000000182) pending before him by passing a reasoned and speaking order in accordance with law after opportunity of hearing to the parties and till the final outcome of aforesaid review application, the demolition of the dwelling house of the petitioners standing over the land in question may not be demolish.
Learned counsel for the parties sought to argue the matter on merit.
An interim order was granted by this Court during pendency of the revision, thereafter revision was dismissed, and a review application was filed before the revisional authority. It appears that exparte interim order dated 29.3.2021 was passed by the revisional authority directing the parties to maintain the status quo till the next date of listing of the review application.
It is submitted that during COVID-19 period, the interim orders were extended by the order of this Court, as well as by the orders of the Hon'ble Supreme Court and therefore, the sole reason provided for not extending the interim order is that the same was effective till the next date of listing is not sound and reasonable in law.
In the totality of the circumstances, I am of the view that the review application, which is admittedly pending be decided as expeditiously as possible and till that date, parties are to maintain the status quo, which has been continuing for a period of more than one and half year.
In such view of the matter, petition stands disposed of with the direction to Respondent no.2/ Addl. Commissioner (Admin), Azamgarh Division, Azamgarh to decide the review application at the earliest on its own merits without granting any unnecessary adjournment to any of the parties, preferably within a period of one month from the date of production of a self attested copy of this order, which may be verified from the official website of this Court provided lawyers are not abstaining from work, functioning of the court is not affected due to COVID-19 Pandemic and there is no other legal impediment. It is further provided that for a period of six weeks or till the disposal of review application, whichever is earlier, parties are directed to maintain the status quo.
In case any adjournment is provided, reason shall be recorded for granting the adjournment and no unnecessary adjournments shall be granted .
With the aforesaid observations, present petition stands disposed of.
Order Date :- 21.9.2021 N.S.Rathour