- (1.) Heard Shri Sanjay Kumar Jaiswal, learned counsel for the petitioner in Writ Petition No. 24062 of 2014, who is also counsel for the applicants in recall application filed in Writ Petition No. 1286 of 1968, Shri C.K. Mishra, who has filed another recall application in Writ Petition No. 1286 of 1968 and Shri B.D. Madhayan, who was counsel for the petitioner in the aforesaid Writ Petition No. 1286 of 1968.
(2.) The writ petition of 2014 is directed against the order dated 21.03.2014 passed in proceedings under Rule 109-A of the U.P. Consolidation of Holdings Act, initiated to implement the final order dated 02.04.2004 passed in Writ Petition No. 1286 of 1968.
(3.) By the impugned order, the Consolidation Officer has rejected the application filed by the petitioners for stay of these proceedings under Rule 109-A. This stay was prayed for on the ground that the applicants, who are transferees pendenti lite from the respondents in Writ Petition No. 1286 of 1986, had no knowledge or information about the pendency of the aforesaid writ petition. Since they have purchased the land in question during the pendency of the writ petition without any information or intimation of the litigation, and had been duly mutated over the land in question, they were necessary parties to Writ Petition No. 1286 of 1968 and, have therefore, filed an application for recall of the final judgment passed in Writ Petition on 02.04.2004. It was also alleged in this application for stay that the petitioners came to know about the Writ Petition No. 1286 of 1986 only on receipt of notice of the proceedings under Rule 109-A.;