Court No. - 9
Case :- WRIT - B No. - 5477 of 2018 Petitioner :- Sarita Devi And Another Respondent :- Deputy Director Of Consolidation And 6 Others Counsel for Petitioner :- Pranesh Kumar Mishra,Amit Kumar Tiwari Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioners and Shri Manoj Kumar Yadav for the Gaon Sabha, respondent no.3.
The writ petition has been filed seeking the following relief -
"i. Issue a writ, order or direction in the nature of mandamus commanding / directing the learned Court below i.e. Deputy Director of Consolidation, Jaunpur (respondent no.1) to decide the stay application of the petitioners pending before him since 13.04.2018 in Revision No.2431 of 2018 (Smt. Sarita Devi and others Vs. Smt. Sushila & other) U/s 48 (1) of the U.P. Consolidation of Holdings Act 1953 within some stipulated period of time as well as direct the parties to maintain status quo on the said disputed plot i.e. arazi no.366 area 0.041 hectare lies on the road stipulated at village-kadipur, Paganga Jafarbad, Tehsil Sadar, District Jaunpur till the disposal of stay application pending before respondent no.1."
Prima facie, the grievance of the petitioner is that the order passed by the Consolidation Officer on an objection, under Section 9A(2) of the U.P. Consolidation of Holdings Act, shifts him away from the road side, which land he had purchased through a sale deed.
However, this is a mere apprehension because no such direction is to be found in the order of the Consolidation Officer. Neither, the Consolidation officer, the Settlement Officer of Consolidation or the Deputy Director of Consolidation while deciding an objection under Section 9-A(2) of the U.P. Consolidation of Holdings Act, can issue any direction regarding the location of the share of any party in a joint holding.
However, since a stay application has been filed by the petitioner, which is not being disposed of till date, this writ petition is disposed of directing the Deputy Director of Consolidation to consider the stay application filed by the petitioner and to dispose of the same by a reasoned and speaking order after hearing all concerned, expeditiously and preferably within a period of six weeks from the date a certified copy of this order is filed before him.
Order Date :- 30.10.2018 RKM