- (1.) The petitioner has preferred the present writ petition with the following prayers:- "(a) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 18.09.2019 passed by the Bo rad of Revenue U.P. Lucknow/respondent No.2 in case No. T.A./1804 of 2019 Muzaffar Nagar, Shmsher Vs. Inshad Ali. b. issue a writ order or direction in the nature of mandamus directing the respondent No.3 to decide the appeal/Case No.22 of 2019 Inshad Ali and others Vs. Shamsher and others expeditiously within stipulated period. c. issue a writ order or direction in the nature of mandamus directing the respondent No.4 not to take award of Khasra No.89 and 90 situated in village Didahedi, Pargana Charthawal, Tehsil and District Muzaffar Nagar till the disposal of aforesaid appeal."
(2.) Facts in brief as contained in the writ petition are that the petitioner is a recorded tenure holder in respect of 1/3rd share of Khata No.30 of Khasra No.90 area 1.5500 hectare and Khasra No.89 area 0.072 hectare situated in village Deedahedi, Pargana Charthwal, Tehsil and District Muzaffar Nagar. The aforesaid property is an ancestral property the petitioner and he is in the physical possession over 1/3rd share of the aforesaid land. It is further stated that the respondent Nos.4 and 5 filed Case No.T201809550100676 of 2018 (Intejar and another Vs. Irshad Ali and others) for the partition of share before the Deputy Collector Sadar, Muzaffar Nagar. Objections were duly filed by the petitioner in the aforesaid case before the Deputy Collector Sadar, Muzaffar Nagar. On 5.2.2019 the Deputy Collector Sadar, Muzaffar Nagar passed order against the petitioner,copy of which is appended as Annexure No.3 to the writ petition. Aggrieved against the aforesaid order dated 5.2.2019, an appeal was preferred by the petitioner along with stay application as provided under Section 207 of the Revenue Code before the Additional Commissioner, Saharanpur Division, Saharanpur, copy of which is appended as Annexure No.4 to the writ petition. The aforesaid appeal was duly entertained by the Additional Commissioner Saharanpur Division Saharanpur and order dated 13.2.2019 was passed by him by which the records were summoned from the courts below. It is further stated that in spite of the fact that an application for grant of interim order was filed by the petitioner but no interim order was granted to him. At this point of time, a writ petition was filed by the petitioner before this Court being Writ C No.9749 of 2019 (Irshad Ali Vs.State of U.P. and 5 others) for seeking a direction to the respondent No.3 to decide the stay application dated 13.2.2019. A co-ordinate Bench of this Court disposed of the aforesaid writ petition by the judgement and order dated 15.3.2019 by which the directions were given to the appellate authority to decide the stay application on the same date or expeditiously. Further directions were given that till 03.04.2019 status quo as on date shall be maintained by the parties. Since no final decision has been taken on the stay application in terms of the order dated 15.3.2019, vide order dated 22.7.2019 Commissioner Saharanpur Division Saharanpur extended the interim order granted earlier till the next date of listing and the next dated fixed on 29.7.2019, copy of the order dated 22.7.2019 is appended as Annexure No.7 to the writ petition. It further appears from perusal of the record that after the aforesaid order dated 22.7.2019 was passed, a transfer application was filed by the respondent Nos.4 to 6 before the respondent No.2/ U.P. Revenue Board at Lucknow as provided under Section 212 of the U.P. Revenue Code 2006. The said transfer application was duly entertained by the respondent No.2 and order dated 18.9.2019 was passed on the transfer application in which directions were given for issuance of notices to the respondents. Further directions were given that till the time, a decision has taken on the aforesaid transfer application, the courts below, will not take final decision in the matter. It further appears from perusal of the record that thereafter an application was preferred by the petitioner before the Commissioner Saharanpur Division Saharanpur on 14.10.2019. After taking into consideration the order passed by the respondent No.2 on the transfer application, the matter was directed to be listed again on the 5.11.2019, the interim order granted earlier was extended and the Commissioner Saharanpur Division Saharanpur was directed the parties to appear before the Additional Commissioner Saharanpur Division Saharanpur on 5.11.2019.
(3.) In this view of the matter, it is argued by learned counsel for the petitioner that relief sought by the respondent nos.4 to 6 before the respondent No.2 has already been granted to them by the Commissioner Saharanpur Division Saharanpur while passing the order dated 14.10.2019. It further reveals that only prayer made by the respondent Nos.4 to 6 in their transfer application to transfer the case before the some other court. It is stated in paragraph 21 of the writ petition that in Saharanpur Division Saharanpur only two appellate courts are available namely the Court of Commissioner and the Court of Additional Commissioner and the matter has now already been transferred by the Commissioner in the Court of Additional Commissioner. In view of the same, it is argued that transfer application filed by respondent Nos.4 to 6 before the respondent No.2/Board of Revenue has now become infractuous for all practical purposes.;