Court No. - 18
Case :- WRIT - C No. - 20531 of 2018 Petitioner :- Shyam Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Gopal Tripathi Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Pankaj Rai, learned Addl. Chief Standing counsel. Shri Ashish Kumar Srivastava appears for Gaon Sabha.
The petitioner is before this Court for a direction to second respondent to decide Revision No.338 of 2010 (Shyam Singh v. Gaon Sabha & Ors.) within stipulated period; for a direction to the respondents not to interfere in the peaceful possession of the petitioner over the land in question till the disposal of stay application in the aforesaid revision and for a further direction to second respondent to decide the application dated 10.04.2018 moved by the petitioner in the aforesaid revision.
Learned counsel for the petitioner submits that similar controversy has also come up before this Court in Writ-C No.15849 of 2018 (Sanjeev Kumar v. State of U.P. & Ors.), which was disposed of on 2.5.2018 giving positive direction and as such it is requested that similar indulgence may also be accorded in this writ petition, otherwise, the petitioner would suffer irreparable loss and injury. The operative portion of the order dated 2.5.2018 is quoted as under:-
" In view of the above, on consent and without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the second respondent to decide the aforesaid stay application filed alongwith the appeal as expeditiously as possible and preferably within a period of two months from the date of production of a certified copy of this order before him. The aforesaid revision may also be decided within six months. Till disposal of the stay application, the parties shall maintain status quo as on today, qua to the property in dispute and no third party interest would be created in the matter."
So far as the legal and factual aspect is concerned, the same is not disputed by learned counsel for the respondents.
In view of the above, on consent and without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the second respondent to decide the aforesaid stay application filed alongwith the revision in question as expeditiously as possible and preferably within a period of two months from the date of production of a certified copy of this order before him. The aforesaid revision may also be decided within six months. Till disposal of the stay application, the parties shall maintain status quo as on today, qua the property in dispute and no third party interest would be created in the matter.
Order Date :- 30.5.2018 SP/