Ritu Raj Awasthi, J. - (1.) Heard learned Counsel for the petitioner, learned Standing Counsel as well as Mr. S.C. Kashish, learned Counsel for opposite party No. 4 and perused the records. The instant writ petition has been filed challenging the interlocutory order dated 23.1.2013, whereby the application filed under Sec. 229D of U.P.Z.A. & L.R. Act in a Suit filed under Sec. 229 -B of U.P.Z.A. & L.R. Act has been rejected and the revision preferred against the said order has also been rejected. The Court while entertaining the writ petition has passed a detailed order giving protection to the petitioners to the effect that defendants -respondents shall not forcibly take possession over the land in dispute and raise any construction. The operative portion of the interim order dated 10.7.2014 is reproduced as under: - - "9. So far as balance of convenience is concerned, the allegations of the petitioners that they are in cultivatory possession over the land in dispute. In case, the petitioners are ejected or the respondent raises any constructions over the land in dispute, grave and irreparable loss will occur to the petitioners as such balance of convenience lies in favour of the petitioners and their possession is liable to be protected during pendency of the suit. 10. In view of aforesaid discussion, the defendant -respondents are restrained from taking forcible possession over the land in dispute and raising any construction over it till next date of listing or till disposal of the suit, pending before Deputy Collector, which ever is earlier."
(2.) Learned Counsel for the respondents has made statement before this Court that the writ petition may be disposed of with direction to opposite party No. 3/Sub -Divisional Magistrate, Tarabganj, District Gonda to decide the Case No. 388/201 filed under Sec. 229 -B, U.P.Z.A. & L.R. Act expeditiously, giving opportunity of hearing to the parties concerned and till the disposal of the aforesaid suit the respondents -defendants may not take forcible possession over the land in question and raise any construction. In view of above, the writ petition is finally disposed of in terms of interim order dated 10.7.2014. The opposite party No. 3 shall consider and decide the pending suit in accordance with law giving opportunity of hearing to the parties concerned expeditiously, say, within a period of four months from the date a certified copy of this order is produced before him. Till the disposal of the suit respondents -defendants shall not take forcible possession over the land in dispute and raise any construction over it.;