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Allahabad High Court · body

1985 DIGILAW 578 (ALL)

Ghirrau v. DDC Others

1985-05-17

K.N.MISRA

body1985
JUDGMENT K.N. Misra, J. - Heard learned counsel for the parties. On 21.12.84 the following order was passed: Issue notice returnable at an early date. Meanwhile operation of the order dated 30.10.84 passed by the Deputy Director of Consolidation, Faizabad shall remain stayed till further orders of this court. 2. An application has been moved by the opposite parties wherein it has been observed that since the order dated 30.10.84 passed by Deputy Director of Consolidation has been stayed and as such, the consolidation authorities in order to benefit the petitioner are proceeding to measure the land and deliver possession on the basis of order dated 10.7.84 passed by the Settlement Officer s Consolidation. This cannot be done by the consolidation authorities. The order passed by the Settlement Officer, Consolidation would be deemed to have merged in the order dated 30.10. 84 passed by the Deputy Director of Consolidation and, as such, in view of the interim order dated 21.12.84, whereby the operation of the order dated 30.10.84 passed by the Deputy Director of Consolidation has been stayed, no further proceedings regarding measuring of the land and delivery of possess ion to the parties on the basis of the order passed by the Settlement Officer, Consolidation can be taken by the Consolidation authorities. In this view of the matter it is further clarified that the Consolidation authorities will stay their hands and will not deliver possession on the basis of order passed by the Settlement Officer, Consolidation. 3. A separate application for vacation of order dated 21.12.84 has been moved by the opposite parties. Learned counsel for the Petitioner may file Counter affidavit to this application (CM An No. 5971 (W) of 1985) for vacation of stay order dated 21.12.84 within six weeks. The petitioner may thereafter file rejoinder affidavit to CM An No. 5971 (W) of 1985 Within six weeks. List application for interim relief (CM An No. 13207 (W) of 1984) and application for vacation of interim order (CM An No. 5971 (W) of 1985) in the month of July 1985. 4. Copy of this order may be issued to the learned counsel for the Opposite Parties today on payment of necessary charges. (Disposed of accordingly)