- (1.) Heard Sri K. K. Mishra alias Balram, counsel for the petitioners.
(2.) The writ petition has been filed for mandamus directing the Deputy Director of Consolidation (respondent-1) to decide the interim application of the petitioners dated 23.05.2013, filed in Revision No. 1742, Mohd. Sayeed & others Vs. State & others, for directing the parties to maintain status quo on the spot, in respect of the property in dispute till the disposal of the revision, arising out of the proceeding under Section 42-A of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) It has been stated that plot Nos. 1978, 1981 and 1982 (total area 2-7-14 bigha) of village Mohiuddinpur, tahsil Handia, district Allahabad was the ancestral property of the petitioners and was recorded in the name of their father in 1320 F khatauni. In consolidation, the petitioners filed an objection (registered as Case No. 3212) under Section 9-A of the Act, which was allowed by Consolidation Officer by order dated 04.10.1972 and it was held that the petitioners had 1/8 share in the land in dispute. The respondents filed an appeal (registered as Appeal No. 50/296/349) from the aforesaid order which has been dismissed by Settlement Officer Consolidation by order dated 15.11.1984. The order of Consolidation Officer dated 04.10.1972 has been incorporated in CH Form-23 but it has not been incorporated in CH Form 41 and 45. On coming to know about the aforesaid mistake, the petitioners moved an application under Section 42-A of the Act for correcting CH Form 41 and 45 according to the entry made in CH Form 23, which was earlier allowed by the Consolidation Officer by order dated 09.04.2010. But the order dated 09.04.2010 was recalled and thereafter the application was heard and the Consolidation Officer by order dated 05.10.2010 rejected the application. The petitioners filed a revision (registered as Revision No. 1742) from the aforesaid order, which has been admitted by respondent-1 by order dated 22.10.2012, but hearing of the revision on merit is being delayed. In the mean time, the respondents gave threatening to raise construction over the land in dispute, as such, the petitioners filed an application on 23.05.2013 before respondent-1 for directing the contesting respondents to maintain status quo on the spot and not to change the nature of the land in dispute during pendency of the revision but no order has been passed on this application. Hence this writ petition has been filed.;