R.R. Yadav, J. - (1.) Heard learned Counsel for the petitioners, Ganga Prasad and perused the averments made in the writ petition as well as order impugned dated 12-6-2001 whereby ad interim stay order granted by the Deputy Director of Consolidation, Jaunpur has been vacated without giving an opportunity of hearing to petitioners.
(2.) It is urged by the learned Counsel for the petitioners that the disputed land is appurtenant to the abadi of the petitioners with which, the respondent No.l intends to interfere. Therefore, Deputy Director of Consolidation has granted stay order, which has been vacated without giving an opportunity of hearing to petitioners. The ex parte interim order cannot be vacated without giving an opportunity of hearing to the petitioners.
(3.) It is submitted by learned Counsel for petitioners Sri Ganga Prasad that denial of opportunity is sufficient prejudice to petitioners, even if, they have no case on merits. Learned Counsel for petitioners urged before me that the Deputy D. rector of Consolidation, Jaunpur has power to grant ad interim, stay order, although Civil Procedure Code is not applicable. In support of the aforesaid contention, he placed reliance on decision rendered by learned Single Judge of this Court in case of Sati Ram v. Consolidation Officer, Jaunpur reported in RD 1992 page 425 and another decision rendered by another learned Single Judge of this Court in case of Jhunnu v. Deputy Director of Consolidation, Jaunpur and others reported in RD (H) 1993" page 13 wherein the view taken in 1992 has been reiterated.;