It is not in dispute that the petitioner has filed Revision no. 289 of 2010 under Section 48 of Consolidation of Holdings Act, before the Deputy Director of Consolidation, Baghpat along with Section 5 application on the allegation that the order of the Settlement Officer Consolidation had been anti dated. An interim stay application is also stated to have been filed. Because of non disposal of Section 5 application, his interim stay application is not being considered and the respondents are proceeding to get the order of the Settlement Officer Consolidation implemented. Hence this petition.
In the facts and circumstances of the case, I am of the considered opinion that the application made by the petitioner under Section 5 of the Limitation Act filed along with Revision No. 289 of 2010 and an interim stay application, if any, filed by him be considered and decided by the Deputy Director of Consolidation, Baghpat without any unnecessary delay preferably within four weeks from the date a certified copy of this order is filed before him.
In case the Deputy Director of Consolidation, Baghpat has not been appointed, petitioner is at liberty to approach the District Magistrate, Baghpat who is to exercise the powers of the Deputy Director of Consolidation in such circumstances.
If any action is taken in respect of the land in dispute, in the meantime, it will always be open for the petitioner to make an application for restitution of the position as was prevailing on the date of making of the interim stay application before the Deputy Director of Consolidation. Writ petition is disposed of.
Dated : 30.06.10 VR/37323/10