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2016 DIGILAW 1839 (ALL)

Mata Prasad v. State of U. P.

2016-05-12

ABHINAVA UPADHYA

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JUDGMENT Abhinava Upadhya,J. By means of this writ petition, the petitioner has come to this Court raising a prayer that his application for mutation filed under section 34 of the U.P.Consolidation of Holdings Act pursuant to a registered sale deed dated 13.12.2013 be directed to be considered and decided. 2. The petitioner himself in para 4 of the writ petition has quoted that section 4 notification with regard to the unit of the petitioner where the land is situate was stayed by this Court in writ petition No.25702 of 1999 by the order dated 20.12.1999 and as Annexure-3 the petitioner has filed a copy of the order dated 22.7.2010 passed in the same writ petition No.29051 of 2010 to suggest that since the interim order was limited upto 31.3.2000 and the same was not extended, therefore, a direction was issued in that writ petition by this Court directing the authorities to consider the mutation of the petitioner in that writ petition under section 12 by the order dated 22.7.2010. The petitioner again has filed a copy of the order dated 6.2.2013 passed in writ petition No.6602 of 2013 wherein also this Court held that since the interim order was not extended, therefore Consolidation authorities under section 12 are obliged to pass appropriate order on the application for mutation. 3. Learned Standing Counsel Sri Gaurav Singh was requested to seek instruction in the matter and he has now shown me an order of this Court passed in writ petition No.29051 of 2010 dated 20.10.2011 whereby the earlier order passed by this Court dated 22.7.2010 has been recalled as by the order dated 20.10.2011 it has been noticed that interim order granted in writ petition No.25702 of 1999 was extended until further orders by the order dated 6.4.2000 meaning thereby that section 4 notification continues to be suspended under interim order granted by this Court. 4. Considering the aforesaid facts and circumstances of the case, no direction can be given to the Consolidation Authorities to pass any order on the mutation application of the petitioner till the time the order dated 6.4.2000 passed in writ petition No.25702 of 1999 continues to be operative and the aforesaid writ petition No.25702 of 1999 continues to be pending before this Court. With the aforesaid observations, the writ petition is disposed of.