Sibghat Ullah Khan, J. - (1.) HEARD learned Counsel for both the parties. This writ petition is directed against order dated 6.4.2005 passed by Additional District Judge, Court No. 14 Varanasi in Rent Revision No. 31 of 2005, Mata Prasad v. Ashish Kumar : 2005 (52) ACC 937. Through the said order Revisional Court has admitted the revision and stayed the operation of the order, which has been challenged in the said revision. In the said revision order dated 18.3.2005 passed by R.C. and E.O. has been challenged. Through the said order of 18.3.2005, R.C. and E.O. Varanasi released the shop in dispute in favour of the landlord petitioner (Petitioner purchased the property in dispute in 1998). R.C. and E.O. had earlier declared the vacancy on 17.5.2005. Application filed by Mata Prasad respondent No. 2 before R.C. and E.O. for recall of vacancy declaration order was also rejected. Supreme Court in Achal Misra v. R.S. Singh : 2005 (59) ALR 591 (SC), has held that in revision against release/allotment order, order declaring vacancy can also be challenged.
(2.) THIS writ petition is rather premature, as it has been filed against order admitting the revision and granting stay order. There has already been lot of litigation between the parties hence it is essential that the revision must be decided expeditiously. Accordingly, writ petition is disposed of with the direction to Additional District Judge, Court No. 14, Varanasi (or any other A.D.J. to whom revision may have been transferred) to decide Rent Revision No. 31 of 2005, Mata Prasad v. Ashish Kumar : 2005 (52) ACC 937, as expeditiously as possible but in no case beyond six months from the date on which certified copy of this order is filed. It is further directed that Mata Prasad respondent No. 2 who is revisionist before the Revisional Court shall not be evicted for six months or until decision of the revision which ever is earlier for six months or until decision of the revision which ever is earlier on the condition that with effect from October 2005 on wards he deposits Rs. 750 per month by 7th of each succeeding month before the Revisional Court for immediate payment to the petitioner. However, rent for the month of October 2005 may be deposited by 7.12.2005. In case of default stay order shall stand vacated. Copy of order may be supplied by tomorrow.;