MAHMOOD RAIS Vs. STATE OF UP

JUDGEMENT

(1.) 1. The petitioners are aggrieved by the order of the Commissioner, Chitrakoot Dham Mandal, Banda dated 16.5.2008 whereby the learned Commissioner has refused to grant any interim relief to the petitioners in the proceedings of appeal pending before him under the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The same is questioned on the ground that it is the statutory right of the petitioners to file an appeal and once the appeal had been admitted, then the Commissioner ought to have granted an interim order in order to protect the interest of the parties during the pendency of the appeal.

(2.) FOR the purpose of consideration of grant of interim relief, the settled principles of prima facie case, balance of convenience and irreparable injury has to be kept in mind before passing an order either refusing or granting an Interim order. The purpose of an interim order is to preserve the state of affairs so as to avoid any prejudice to the parties during the pendency of the litigation. The balance of convenience and the likelihood of injury has to be assessed.

(3.) AFFIDAVITS have been exchanged and the matter is being disposed of under the Rules of the Court with the consent of parties.