SATI RAM Vs. CONSOLIDATION OFFICER, GHAZIPUR AND ORS.

JUDGEMENT

(1.) THE sole question which falls for determination in this writ petition is as to whether the Deputy Director of Consolidation (for short DDC) possesses the power to grant stay or not.

(2.) BRIEFLY stated, the facts of the present case are that the Petitioner is said to be a landless person who was allotted patta by the Land Management Committee, Parwa, Ghazipur in the year 1976, in respect of plot Nos. 623 area one Bigha; plot No. 291 area three Biswa, Plot No. 360 area one Biswa six dhur and plot No. 361 area ten biswa. He applied for mutation on the basis of the aforesaid patta which was allowed in his favour, Since then he is in possession. The village was denotified Under Section 52 of the U.P. Consolidation of Holdings Act (hereinafter referred to as the Act). Thereafter, the Consolidation Officer cancelled the patter by his order dated 21 -1 -1984. The Petitioner filed a revision which was allowed by the DDC on 21 -7 -1984. Thereupon, respondent No. 2 Gaon Sabha filed a restoration application and the earlier order of the DDC dated 21 -7 -1984 was recalled and the case was fixed for hearing on merits , on 7 -10 -1989. During the pendency of the proceedings before the DDC, Gaon Sabha filed an application before the Consolidation Officer, Ghazipur under Rule 109 of the U.P. Consolidation of Holdings Rules for Amalarmad. Admittedly, the revision at the instance of the Petitioner is still pending before the DDC Ghazipur. The Petitioner filed an application for staying the proceedings pending before the Consolidation Officer Ghazipur with regard to the land in dispute but the same was rejected by the DDC Ghazipur with the following observations:

(3.) LEARNED Counsel for the Petitioner urged that the view of the DDC that there is no power of granting stay, is erroneous and that being a court of fact Under Section 48 of the Act, the DDC is competent to pass an order of stay in appropriate cases so as to safeguard the interest of the parties. Learned Standing counsel tried to justify the impugned order of the DOC on the ground that there is no specific provision of passing an order of stay by the, DDC or any other consolidation Authority.