Allahabad High Court
Samai Din vs Deputy Director Of Consolidation And ... on 7 January, 2020
Author: Rajan Roy
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 7 Case :- CONSOLIDATION No. - 6153 of 1981 Petitioner :- Samai Din Respondent :- Deputy Director Of Consolidation And Others Counsel for Petitioner :- L.P.Mishra,Awadhesh Kumar Tiwari Counsel for Respondent :- C.S.C,Awadhesh Kumar Singh,S.C.Srivastava Hon'ble Rajan Roy,J.
Heard.
None appears for the private opposite parties.
This writ petition was filed in 1981 challenging an order passed by the Deputy Director of Consolidation under Section 48 of the U.P. Consolidation of Holdings Act, 1953 carving out Chaks of the petitioner and private opposite parties in a revision arising out of Chak proceedings under Section 21 of the Act, 1953.
The learned counsel for the petitioner has not filed CH Form 23 which could enable the Court to see as to what was the original holding of the petitioner and whether it has been reduced beyond the prescribed limit as per Section 19 of the Act, 1953, however, the Court finds that there is an interim order of this Court dated 23.12.1989 staying the order of the D.D.C. Considering the fact that this writ petition has remained pending before this Court for more than 39 years and stay order has been operating, meaning thereby, whatever the status quo existing on 23.12.1989 must have continued and the parties must have made improvements on their respective Chaks now it is too late in the day to allow the implementation of the impugned order.
In view of the above, the writ petition is disposed of with the observation/direction that whatever the position with regard to possession and carving out of Chaks existing as on date shall be maintained and the rights of the parties regarding 'chak carvation' shall stand determined accordingly.
With the aforesaid observations/directions, the writ petition is finally disposed of.
Order Date :- 7.1.2020 R.K.P.