Neutral Citation No. - 2025:AHC-LKO:35457-DB Court No. - 2 Case :- WRIT - C No. - 5818 of 2025 Petitioner :- Swami Nath Respondent :- Deputy Director Of Consolidation Sultanpur And 9 Others Counsel for Petitioner :- Dharmendra Kumar Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Shri Dharmendra Kumar, learned counsel for the petitioner and learned Additional Chief Standing Counsel appearing for the State-respondent no.1 to 3 and perused the material available on record. 2. In view of the nature of the order proposed to be passed, the service of notice upon the respondents no.4 to 10 is dispensed with. 3. The present petition has been filed seeking following reliefs:- "(i) issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite party no.1 to 3 to restrain the opposite party no.4 to 10 from raising the construction over the land in question i.e. Gata No. 303 (new Gata N. 919, 920, 921) situate at Mauja Dhesaruwa, Pargana- Baraunsa, Tehsil- Sadar, District Sultanpur till disposal of the Revision No. 0058 of 2020 (Computerized Case No. 2020530468000058), "Swami Nath Versus Raj Kumar" under Section 48(1) of the U.P. C.H.Act in the light of the law laid down by Hon'ble Apex Curt in case of Mool Chandra Yadav Versus Raja Buland Sugar Company Ltd. reported in SCC 1982/1983. (ii) issue any other direction which this Hon'ble Court may deem fit and proper under the circumstances of the case. (iii) award the cost of the writ petition in favour of the petitioner." 4. It is not in dispute that the application seeking interim relief is pending consideration before the Revisional Authority, namely, Deputy Director of Consolidation, Sultanpur in the revision indicated in the prayer clause. 5. Learned cousnel for the petitioner contends that once the revision has been entertained by the revisional court, it is incumbent upon the revisional court to consider and pass order on the application for interim relief. 6. The Hon'ble Supreme Court in the case of Mool Chand Yadav & another Vs. Raza Buland Sugar Co. Ltd. Rampur & others, reported in 1982 (3) SCC 484, has held as under: "........ But judicial approach requires that during the pendency of the appeal the operation of an order having serious civil consequences must be suspended. Moreso, when appeal is admitted. Previous history of litigation cannot be overlooked." 7. This Court in the case of Ali Sher Vs. State of U.P. through Collector Bijnor & others; reported in 2007 (102) RD 498, has held as under: "It is well settled that once an appeal or revision is entertained by a higher Court against an order having civil consequences stay normally should be granted to avoid swinging pendulum unless the Court for the reasons to be recorded finds that there is no case for grant of stay as observed by the Hon'ble Apex Court in the case of Mool Chand v. Raza Buland Sugar Industries." 8. Taking note of aforesaid, on being asked, learned Additional Chief Standing Counsel submits that he has no objection to the extent that a direction is issued by this Court for expeditious disposal of the above mentioned revision along with application for interim relief, within stipulated period as fixed by this Court. 9. Taking into consideration the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping this writ petition pending. 10. Accordingly, without adverting on merits of the case and with the consent of the counsel for the parties, who are present before this Court, the present writ petition is disposed of finally with a direction to the Deputy Director of Consolidation, Sultanpur (respondent No.1), before whom the Revision No. 0058 of 2020 (Computerized Case No. 2020530468000058) is pending for disposal, to decide the same strictly in accordance with law, by a reasoned and speaking order on merit, after affording opportunity of hearing to the parties concerned, expeditiously and preferably within a period of six months from the date of receipt of a certified copy of this order, unless there is any legal impediment, without granting any unnecessary adjournment to either of the parties. 11. 11. It is further directed that the authority concerned shall consider and pass appropriate order on the petitioner's application for interim relief dated 11.05.2025, on its merit, strictly in accordance with law, on the next date fixed i.e. 15.06.2025 or within a period of one month thereafter. 12. With the aforesaid directions/observations, the present writ petition is disposed of. . (Syed Qamar Hasan Rizvi, J.) (Saurabh Lavania, J.) Order Date :- 13.6.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench