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RAMJI & OTHERS versus ADDL. COMMISSIONER & OTHERS

High Court of Judicature at Allahabad

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Ramji & Others v. Addl. Commissioner & Others - WRIT - C No. 14344 of 2003 [2006] RD-AH 12307 (26 July 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

                                                                               Court No.38

Civil Misc. Writ Petition No. 14344 of 2003

Ramji & others          vs.         Additional Commissioner & others

Hon'ble Vineet Saran, J

A suit under section 229-B of the U.P. Zamindari Abolition and Land Reforms Act was filed by Respondent no.5 Chamaru against the petitioners. In the said suit the Respondent no.2 Additional City Magistrate passed an interim order on 12.12.2001 directing the parties to maintain status quo. Challenging the said order the petitioners filed a revision before the Respondent no.1 Additional Commissioner, which was allowed on 25.2.2002 and after setting aside the order dated 12.12.2001, remanded the case to the trial court to pass appropriate orders in accordance with law. Then on 12.11.2002, after remand, the Respondent no.2 after hearing the parties re-affirmed the order of status quo. The revision filed by the petitioners challenging the said order dated 12.11.2002 has been dismissed by the Respondent no.1 on 15.1.2003. Aggrieved by the aforesaid orders the petitioners have filed this writ petition.

I have heard learned counsel for the petitioners as well as learned Standing counsel appearing for Respondents no. 1 to 3; Sri C.K.Parekh for Respondent no.4 and Sri D.S.P.Singh for Respondent no.5. Counter and rejoinder affidavits have been exchanged and with consent of the learned counsel for the parties this writ petition is being disposed.

Having heard learned counsel for the parties and considering the facts and circumstances of this case and with their consent this writ petition is disposed of with the direction that suit no. 55 of 2001 filed by Respondent no.5 against the petitioners, which is pending before the Respondent no.2 Additional City Magistrate, Varanasi shall be heard and decided by the Respondent no.2, in accordance with law, after giving opportunity of hearing to the parties as expeditiously as possible, preferably within a period of three months from the date of filing of a certified copy of this order before him. It is made clear that the parties shall not seek any unnecessary adjournment. Till the decision of the suit, the order dated 12.11.2002 passed by the Additional City Magistrate shall continue to operate.

With the aforesaid observation/direction this writ petition is disposed of. No order as to cost.

Dt/- July 26, 2006

dps                


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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