Court No. - 9
Case :- WRIT - B No. - 432 of 2019 Petitioner :- Tek Chand And 2 Others Respondent :- State Of U.P. And 43 Others Counsel for Petitioner :- Krishna Mohan Tripathi,Shadab Ali Counsel for Respondent :- C.S.C.,Brijesh Kumar Pandey,Dharm Vir Jaiswal,Harsh Vikram
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the parties.
The order impugned in this writ petition dated 14.02.2019 is an order rejecting the application for interim relief filed by the petitioner in a revision under Section 48 of the U.P. Consolidation of Holdings Act.
In my considered opinion, challenge to an order refusing to grant interim relief is not necessarily tenable.
Interest of justice would stand served, in case, the writ petition is disposed of directing the Deputy Director of Consolidation to decide the revision filed by the petitioners expeditiously. The parties agree that 01.03.2019 is next date fixed for hearing of the revision.
The parties are therefore, directed to appear before the Deputy Director of Consolidation and to make their respective submissions. The Deputy Director of Consolidation may thereafter decide the matter as expeditiously, as possible.
It is however provided that in case, the lower Court record is not available and the revision is to be adjourned for this purpose, the Deputy Director of Consolidation shall ensure that the lower Court record is received positively within a period of one week. The matter thereafter, be heard by him and decided as directed above.
It appears that an order has been passed for auction of the crops standing over the land in question.
The amount received on auction of these crops shall be kept in deposit to abide by final decision of the lis between the parties and to be paid to the successful party and or as may be considered appropriate by the Court deciding the matter finally. It may however, be relevant to observe that normally the person who has sown the crops, is entitled to reap it and or to its sale proceeds.
Subject to the above, this petition stands disposed of.
Order Date :- 26.2.2019 RKM