It is contended by Sri Manish, learned counsel appearing on behalf of the petitioner that the petitioner's revision, filed against the order dated 1.6.2010 passed by Additional District Magistrate (Finance and Revenue), Jaunpur in Case No. 84, under Section 115 of U.P. Zamindari Abulition Rules is pending. The petitioner has also filed stay application for staying the operation of the order dated 1.6.2010, in that Revision no order has yet been passed and there is every likelihood of petitioner's eviction from the land in dispute, measuring about 0.022 H. in plot no. 228 situated in Gram Mustafabad, Paragana Hawali, Tehsil Sadar, District Jaunpur.
In view of that the matter requires consideration. Issue notice.
Notices on behalf of respondent nos. 1, 2 and 3 have been accepted by the office of Chief Standing Counsel whereas Sri M.N. Singh, has put in appearance for respondent no. 4, therefore, notices need not be served to them again.
Issue notice to respondents no. 5 and 6 through registered post returnable at an early date.
Learned counsel for the respondents may file counter affidavit within a period of six weeks. Rejoinder affidavit, if any, may be filed two weeks thereafter. List thereafter.
As an interim measure, without prejudice to the right and contention of the parties, it is provided that the petitioner shall not be evicted from the land in dispute without there being any order passed on the stay application by the Commissioner / Additional Commissioner, Varanasi Region, Varanasi in Revision No. 164 of 2010.
However, it may be clarified that this Court has not addressed itself on the merit of either Stay application or Revision itself and the Court competent may decide the Stay application on its merit in accordance with law. Order Date :- 21.6.2010 Manoj