Allahabad High Court
Smt. Sameera Bano vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 24 January, 2023
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 18 Case :- WRIT - B No. - 58 of 2023 Petitioner :- Smt. Sameera Bano Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. And Others Counsel for Petitioner :- Bipin Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J.
Heard.
By means of the present petition, the petitioner has challenged the order dated 23.05.2022 passed in Revision No. 2173 of 2022 (Mohd. Ameen vs. Smt. Sameera Bano & Others) filed under Section 48(1) of U.P. Consolidation and Holdings Act, 1953 whereby the revisional authority after hearing the revisionist stayed the implementation and operation of order dated 14.03.2022 passed by Consolidation Officer.
While assailing the order impugned, learned counsel for the petitioner stated that against the order dated 14.03.2022, which is in favour of the petitioner, the aggrieved party has already approached the appellate authority i.e. opposite party no. 4-Settlement Officer of Consolidation, Ayodhya and the said appeal is pending as Appeal No. 1112 of 2022, Computerized Case No. 202154042300001747 (Mohd. Ameen vs. Mohd. Afzal and Others). In these circumstances, the impugned order is liable to be interfered.
Mr. Hemant Kumar Pandey, learned State Counsel stated that present petition is not maintainable at this stage, as petitioner has statutory remedy to move an application for vacation of ex-parte interim order before the revisional authority and before the authority concerned the petitioner can also raise the plea regarding maintainability of revision.
On confronting, learned Counsel for the petitioner stated that he may be permitted to withdraw the present petition with liberty to prefer an application for vacation of interim order under challenge dated 14.03.2022 and also prays that a direction be issued to revisional authority to decide the application of the petitioner within time specified by this Court.
To the aforesaid is not in dispute.
Considering the aforesaid and without entering into the merits of the case, the writ petition is finally disposed of with liberty to the petitioner to prefer an application for vacation of interim order dated 14.03.2022 within ten days. If such an application is preferred by the petitioner, the same shall be considered and decided by the concerned authority in accordance with law by a reasoned and speaking order, after providing opportunity of hearing to the affected parties, expeditiously, say within a period of one month from the date of production of a certified copy of this order. In concluding the same, the concern authority shall avoid unnecessary adjournments to either party.
Order Date :- 24.1.2023 Vinay/-