RADHEY SHYAM Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the learned standing counsel.

(2.) The brief facts of the case are that the prescribed authority vide its order dated 15.12.2003 declared 5.489 acre land belonging to the petitioners as surplus. The petitioners filed Appeal bearing No. 309 along with application for interim relief before the learned Additional Commissioner (Judicial), Devi Patan Mandal, Gonda. The Additional Commissioner, Devi Patan Mandal, Gonda while admitting the appeal stayed the order dated 15.12.2003 passed by the opposite party No. 3 till 28.2.2004 vide order dated 23.12.2003. Learned counsel for the petitioners has submitted that during the pendency of the appeal the opposite party Nos. 3 to 5 are trying to disturb the possession of the petitioner's land. It is apprehended that the opposite party Nos. 3 to 5 are going to allot the land of the petitioners to some one else.

(3.) In view of the above, the authorities cannot take into consideration the order of the prescribed authority, which is not in existence at all.