- (1.) Heard learned counsel for the petitioner.
(2.) This petition has been filed by the petitioner, praying for quashing of the order dated 21.10.2016 passed by the Deputy Director of Consolidation, Faizabad (for short 'DDC') along with proceedings of Revision No.886 (Mohd. Naeem vs. Asarun Nisha and others) and also for a mandamus to be issued to the DDC, restraining him from proceeding in the said Revision, pending before him.
(3.) This Court, at the time of admission of the writ petition, had passed a detailed order on 4.11.2016, which is being quoted hereinbelow: "Heard learned counsel for the petitioner, learned Standing Counsel for opposite parties no. 1 and 2, Sri Azad Khan, learned counsel for opposite party no.3 and perused the record. Issue notice to opposite party no.4. Learned counsel for the petitioner while challenging the impugned order dated 21.10.2016 passed by opposite party no.1/ Deputy Director of Consolidation, Faizabad in Revision No.886 (Mohammad Naeem Vs. Asarun Nisha and others) submits that opposite party no.4 aggrieved by the order dated 28.9.2016, filed an Appeal No.1832 before Settlement Officer Consolidation , Faizabad and during the pendency of the said appeal , concealing the said fact filed a Revision no. 886 before opposite party no.1 in which an interim order dated 21.10.2016 has been passed . Accordingly, it is submitted by learned counsel for the petitioner that interim order dated 21.10.2016 is obtained by fraud, so liable to be stayed. After hearing learned counsel for the parties , who are present today and going through the record, submission made by learned counsel for the petitioner appears to be correct as such as an interim measure it is provided that till the next date of listing , further operation and implementation of impugned order dated 21.10.2016( Annexure no.1) passed by opposite party no.1/ Deputy Director of Consolidation, Faizabad shall remain stayed. However, it will be open for Settlement Officer Consolidation, Faizabad to decide the Appeal No. 1832 pending before him on merit after giving opportunity of hearing to the parties concerned. Learned counsel for the respondents prays for and is granted four weeks' time to file counter affidavit, rejoinder affidavit, if any, be filed within two weeks thereafter. List thereafter.";