Shabihul Hasnain, J. - (1.) C.M. Application No. 100661/2011 (For extension of the stay order)
(2.) THIS application has been moved for extension of the interim order granted by this Court on 19.5.1980. The brief facts leading to filing of this application is as under: - - The petitioners being aggrieved by the judgment dated 28.8.1986 upholding the judgment dated 18.3.1981, filed the above noted writ petition in which an order was passed on the application for stay on 19.5.1980 staying the operation of the order dated 15.1.1980. The writ petition was listed for order on 24.8.1987 and further proceedings pending before the Settlement Officer Consolidation were stayed. The writ petition was listed on 25.5.2010 and dismissed for want of prosecution, whereupon an application was made by the petitioners which was allowed and the writ petition was restored to its original number. While restoring the petition to its original number, the stay order granted earlier was not specifically revived. It is being interpreted by the opposite parties as if the stay has not been extended. Hence, this application has been moved.
(3.) FROM a perusal of the record it appears that following orders were passed on 19.5.1980: Hon' S. C. Mathur, J. Put up along with the writ petition. Meanwhile operation of the order dated 11.1.1980 contained in Annexure -15 passed by the Deputy Director of Consolidation, Pratapgarh shall remain stayed. 19.5.80. Sign. Illegible On 2.7.1980 the following orders were passed: Hon'ble K. N. Goyal, J. Admit. Issue notice to opposite parties 1 to 10. In the meantime, the interim order dated 19.5.80 shall continue. Sign. Illegible. 2.7.80 An application for vacation of stay was moved on 20.11.1980 in which following orders were passed: Hon' U.C. Srivastava, J. No good ground for vacating the interim order has been made out. The interim order dated 19.5.80 is confirmed. Sign. Illegible. 20.11.80. On 29.11.2005 this writ petition was dismissed for non -prosecution by Hon'ble R.P. Yadav, J. and following orders were passed: Hon. R.P. Yadav, J. List has been revised. None appears for the parties. The writ petition is dismissed for non -prosecution. 29.11.05 Sign. Illegible. The petition was restored by Hon'ble R.P. Yadav on 28.2.2006 passing following orders: Hon'ble R.P. Yadav, J. Heard Learned Counsel for the parties. This is an application for setting aside the order dated 29.11.05 dismissing the petition for non prosecution. No objection filed. Perused the affidavit. Sufficient ground has been disclosed. The application is within time. It is, therefore, allowed. The order dated 29.11.05 is recalled and the writ petition is restored to its original number. List the case in the next cause list for final hearing. 27.2.06 Sign. Illegible.;