KISHAN Vs. DIVISIONAL COMMISSIONER AGRA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners as well as learned standing counsel. Perused the averments made in the writ petition.

(2.) Without delineating the facts in detail the present writ petition deserves to be allowed on the admitted facts between the parties.

(3.) Indisputably, the petitioners filed an appeal before the Divisional Commissioner. Agra Division, Agra. While admitting the appeal, the Divisional Commissioner. Agra Division. Agra, had granted an ad-interim stay order on 17.4.2001 holding that the lease of the petitioners is valid up to 2.7.2002, therefore, they are entitled to extract sand from the land in dispute till their lease is valid. The aforesaid ad-interim stay order was granted by appellate authority after hearing the learned counsel for both the sides. Subsequently, on 22.1.2002 the appellate authority instead of deciding the appeal on merits, vacated the ad-interim stay order dated 17.4,2001 reducing the period of entitlement of petitioners to extract sand from the disputed land till the expiry of their lease.