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Ajab Singh & Others v. Addl. Collector (F & R) & Others - WRIT - B No. 48154 of 2006 [2006] RD-AH 16669 (22 September 2006)


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Civil Misc. Writ Petition No. 48154 of 2006

Ajab Singh and others


Additional Collector (F & R)/Dy. Director of Consolidation,

Saharanpur and others

Hon'ble Krishna Murari, J.

Heard  learned  for the petitioners.

Challenge in this petition has been made to the order dated 23.1.2006 passed by the Settlement Officer Consolidation  fixing 13.2.2006 for hearing of the appeal and staying operation of the order of the Consolidation Officer till disposal of the appeal, and in case appeal is not argued on 13.2.2006 the stay order shall stand vacated as well as revisional order dated 17.7.2006 dismissing the revision against the said order.

The main ground of challenge is that the order dated 20.12.1999 passed by the Consolidation Officer,, operation of which has been stayed, has already been acted upon and there was no justification to pass interim order after about seven years of the institution of appeal.

Be that as it may, since the order impugned in the writ petition is only an order staying the operation of the order which was sub-judice in appeal, I am not inclined to interfere in the same. Revision filed against the said order has rightly been dismissed by the Deputy Director of Consolidation  on the ground that it was interlocutory order.

The writ petition accordingly fails and is dismissed.

However, considering the facts and circumstances, the Settlement Officer Consolidation  is directed to decide Appeal no. 306, Hari Singh Vs. Ajab Singh within a period of three months from the date of production of a certified copy of this order before him.

Till the disposal of appeal, the parties to the writ petition shall maintain status quo with regard to nature and possession over the land in dispute as it exists today.



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