Court No. - 1
Case :- WRIT - C No. - 41950 of 2019 Petitioner :- M/S. Vaibhav Shakti Infra And 6 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Rajiv Kumar Mishra,M.D. Singh Shekhar (Senior Adv.),Ram Dayal Tiwari Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
(order on civil Misc. Amendment Application) Amendment Application filed today is taken on record.
Learned counsel for the respondent has no objection if the amendment application is allowed since it relate to amending only the prayer clause of the writ petition.
In view of the above the amendment application is allowed.
Counsel for the petitioner is permitted to carry out necessary amendment in during the course of the day.
(order on writ petition) Heard Sri M.D. Singh “Shekhar” learned Senior Advocate assisted by Sri Rajiv Kumar Mishra, learned counsel for the petitioner and Sri R.P. Upadhaya, learned counsel for the Goan Sabha, Sri Kunal Shah learned counsel for respondent no. 2 and learned Standing Counsel. .
By means of this petition under Article 226 of the Constitution, the petitioner has challenged the order dated 20th November, 2019 whereby the Additional District Magistrate (Administration), Azamgarh has directed to get the premises of plot no. 548 area 11.200 hectares earlier recorded in the name of Shanker Higher Secondary School to be vacated on the ground that the entry standing in the name of Shaker Higher Secondary School has come to be struck off.
Learned counsel for the petitioner has argued that the petitioner is lessee for a period of 99 years against a rent agreed under the lease agreement entered on 15.12.2011 and is paying rent to the school and the school itself has filed an appeal against the order of the Consolidation Officer passed under Rule 109-A of the U.P. Consolidation of Holdings Act, 1954.
Learned counsel for the petitioner has further argued that the petitioner, being a lessee, has also filed a recall application before the Consolidation Officer in respect of the order passed under Rule 109-A standing in the name of lessor and also moved a recall application as petitioner is running a Godown of F.C.I in the premises leased out to the petitioner. He further argues that because of the pendency of the stay application in respect of the pending recall application before him. This Court vide order dated 14.11. 2019 in Writ B No. 2574 of 2019 had directed for disposal of the pending stay application of the petitioner within a month, a copy of which though was submitted to the Consolidation Officer on 16.11.2019, yet no orders come to be passed on the pending stay application till date. However, in the meanwhile the impugned order dated 20th November, 2019 has come to be passed by the administrative authority.
Learned counsels for the respective respondents do not dispute the above factual position.
In such view of the matter, as the propriety demands, we are of the considered view that no coercive measure should be undertaken till the disposal of the pending stay application on recall application of the petitioner, before the Consolidation Officer in respect of ex parte order dated 16.9.2019 passed by the Consolidation Officer in purported exercise of power under Rule 109-A of the U.P Consolidation of Holdings Rules, 1954.
In view of the above this writ petition is disposed of with the direction that the respondent authority shall not take any coercive measure under the order dated 20th November, 2019 passed by the Additional District Magistrate (Administration) Azamgarh till the disposal of the stay application of the petitioner before the Consolidation Officer (supra). However the order dated 20th November, 2019 shall abide by the order that may be passed by the Consolidation Officer on the pending stay application of the petitioners.
It is clarified that the Consolidation Officer shall be at liberty to pass orders on the stay application and recall application of the petitioner which shall be decided on its own merits after hearing the parties concerned and Consolidation Officer shall not be influenced by and of the observation made hereinabove in this order.
Order Date :- 20.12.2019 Nadeem Ahmad (Ajit Kumar,J.) (Ramesh Sinha,J.)