B.K. Sharma, J. - (1.) Heard learned counsel for the petitioners and the learned Standing Counsel.
(2.) The dispute relates to Abadi plot No. 368, area 2 Biswa, situate in village Kolhai, Pargana and Tehsil Sahasvvan District Budaun. The petitioners claim this land to be their Abadi on which they were holding Bazar and Nakhasa. State claims this land to be Government land which is sought to be allotted to third persons according to the provisions of the Z.A. & L.R. Act. Interim injunction application was moved by the petitioners before the trial court, Civil Judge Junior Division Sahaswan (Budaun) in O.S. No. 291 of 1997 which was rejected by the trial court by its order dated 1st December 1997, Annexure-8 to the writ petition. The petitioners then preferred Civil Appeal No. 92 of 1997 against the same and the learned District Judge Budaun dismissed the said appeal. The suit is to be tried and there is a serious question to be tried in the suit about the disputed land and there is probability of the petitioners being entitled to the relief asked for and in case the disputed land is allotted to third persons during the pendency of the suit, a point of no return may arrive. Against this document it is agreed between the parties counsel that a direction may be given to the trial court to conclude the suit on merits within six months and in the meantime the disputed land may be preserved.
(3.) Considering all the circumstances, this writ petition is finally disposed of with a direction to the trial court to decide the suit on merits according to law within six months from today and during the period of six months, State or the Gaon Sabha ing on its behalf shall not allot any part of the disputed land to any third person and the status quo at the spot shall be preserved by the parties. It is made clear that the trial Court shall not be prejudiced one way or the other by any observations made in this order regarding the merits of the suit. Let a copy of this order be issued to the petitioners on payment of usual charges within one week and a copy of this order shall be delivered to the learned Standing Counsel by the Copying Department within one week from today. Petition Disposed of.;