RAJESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri Gaurav Sisodia, learned Counsel for the petitioners and the learned standing Counsel for the respondents. Through this writ petition the petitioner has prayed for issuing a writ of certiorari quashing the order dated 21.12.2013 passed by the Additional Commissioner (Judicial), Bareilly Division, Bareilly in Appeal No. 12 of 2013 -14 (Rajesh Kumar arm others v. Lakshman Prasad and others) to the extent of rejection of the stay application of the petitioner.

(2.) IT is contended by the learned Counsel for the petitioner that the respondent No. 4 has filed a suit under section 229B of the U.P. Zamindari Abolition and Land Reforms Act, 1950. This suit was decreed on 19.11.2013 and he was declared Bhumidhar. Challenging the aforesaid order an appeal has been filed by the petitioner, which has been entertained but application for interim protection has been rejected. For appreciation the order dated 21.12.2013, passed by the Additional Commissioner is reproduced hereunder:

(3.) THE Apex Court in the case of Sant Lal Gupta and others v. Modern Cooperative Group Housing Society Limited and others : (2010) 13 SCC 336, following observation has been made: