The petitioner has challenged the order dated 14th of May, 2010, passed by the Commissioner, Devi Patan Division, Gonda, whereby the order passed by the Tehsildar-Judicial, Gonda on 3rd of July, 2006 has been cancelled being exparte and the matter has been remitted for fresh hearing.
Upon perusal of the order dated 3rd of July, 2006 I do not find error in the observations made in the order impugned as well as in the order impugned also, therefore, I am not inclined to interfere in the same. However, considering the facts and circumstances of the case, I hereby provide that till a fresh order is passed in the matter after providing opportunity of hearing to the parties concerned, as per direction of the learned Commissioner, neither of the parties shall alienate the land in dispute.
With the aforesaid observations and directions the writ petition is disposed of finally.
Order Date :- 17.6.2010 Banswar