RAMESH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioners, learned Standing Counsel for the opposite parties No.1 to 4 and Sri R.N. Gupta, learned counsel for the opposite party No.5. Issue notice to the opposite parties No.6, 7 and 8 returnable within six weeks. Steps within a week. List this case in the week commencing 13th July, 2009. By the next date of listing, all the opposite parties shall file their counter affidavit. Learned counsel for the petitioners has submitted that against the order dated 26.03.2008 by which the revision preferred by the opposite parties No.6, 7 and 8 against the order of the Commissioner dated 19.03.2008 the record of the trial court was summoned and the application for interim relief was rejected, the revision preferred by the opposite parties No.6, 7 and 8 before the opposite party No.2 is not maintainable and hence the opposite party No.2 clearly travelled beyond its jurisdiction in entertaining and admitting the said revision, which has been numbered as Revision No.16/2007-2008. In view of the above, further proceedings in Revision No.16/2007-2008, Bhupal Yadav & others Vs. Radhey Shyam & others, pending before the opposite party No.2 shall remain stayed till the next date of listing.