Neutral Citation No. - 2025:AHC:49523 Court No. - 50 Case :- WRIT - B No. - 867 of 2025 Petitioner :- Dharmendra Kumar Tripathi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Somesh Khare Counsel for Respondent :- C.S.C.,Hari Narayan Singh Hon'ble Chandra Kumar Rai,J. 1. Short counter affidavit filed on behalf of respondent No.8 is taken on record. 2. Heard Mr. Somesh Khare, learned counsel for the petitioner, Mr. Hari Narayan Singh, learned counsel for Gaon Sabha, Mr. Tarun Gaur, learned Standing Counsel for State-respondents and Mr. Rajesh Yadav, learned counsel for respondent No.8. 3. Brief facts of the case are that title revision filed by petitioner under Section 48 of U.P.C.H. Act, challenging the order passed by Consolidation Officer as well as Settlement Officer of Consolidation in the title proceeding, is pending before respondent No.3/Deputy Director of Consolidation, Kannauj as Case No.202554033900000066 of 2025 but vide order dated 14.02.2025 Deputy Director of Consolidation has rejected the petitioner's application for interim relief during pendency of revision. Hence this writ petition for the following relief: "(I). Issue a writ, order or direction in the nature of certiorari quashing the impugned order 14.02.2025 passed by the Deputy Director of Consolidation, Kannauj, District-Kannauj (Annexure No.18 to the writ petition). (II). Issue a writ, order or direction of suitable nature restraining the respondents and the local authorities from demolishing the construction made over the property situated at gata araji Khata No.128, Gata No. 27ka/80, 40/1.20, 260 gha/ 1 and further be pleased to pass orders maintaining status quo with respect to the nature and possession of the property in question." 4. Learned counsel for the petitioner submitted that title revision filed by petitioner is pending before respondent No.3/ Deputy Director of Consolidation, as such petitioner is entitled to interim relief as order impugned in revisoin has serious consequences. He further placed the earlier order dated 29.07.2024 passed by this Court in Writ B No.2985 of 2024 by which this Court directed to appellate court to decide the appeal within five months and further direction was issued that no coercive action shall be taken against the petitioner as well as parties shall maintain status quo with respect to the nature and possession over the property in question. He further placed reliance upon the judgment of this Court reported in 2007 (102) RD 498 Ali Sher Vs. State of U.P. through Collector, Bijnor and others, in order to demonstrate that interim protection should be granted during pendency of appeal / revision if the order under appeal/ revision has serious consequences. 5. On the other hand, Mr. Rajesh Yadav, learned counsel for respondent No.8 submitted that petitioner is not entitled for interim protection during pendency of the revision. He submitted that there is no illegality in the impugned order passed by Deputy Director of Consolidation by which revison has been entertained and application for interim relief has been rejected. He further submitted that no interference is required against the interlocutory order passed by Deputy Director of Consolidation during pendency of revision under Sectin-48 of U.P.C.H. Act. He further submitted that in view of injunction operating in the civil suit in respect to the property in question there is no necessity of any interim protection in the matter. 6. I have considered the arguments advanced by the learned counsel for the parties and perused the record. 7. There is no dispute about the fact that title revision filed by the petitioner is pending before respondent no.3 and application for interim protection has been rejected under impugned order dated 14.02.2025. 8. It is material to mention that this Court, while deciding the writ B No.2985 of 2024 has directed to appellate court to decide the appeal within time bound period and during pendency of the appeal interim protection was granted. 9. This Court in case of Ali Sher(Supra) has held that if order under appeal or revision has serious consequence then operation of the order must be suspended till pendency of the appeal/ revision. Paragraph Nos.4 & 5 of the judgment rendered in Ali Sher (Supra) will be relevant which are as under: "4. 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. 5. Considering the facts and circumstances, impugned order dated 16.11.2006 is hereby quashed. Writ petition stands allowed. Appellate Court is directed to disposal of the appeal of petitioner in accordance with law as expeditiously as possible preferably within a period of two months from the date of production of certified copy of this order before him and till the disposal of appeal as directed above, parties shall maintain status quo with regard to nature and possession over the land in dispute." 10. Considering the ratio of law laid down by this Court in Ali Sher (Supra) as well as the order dated 29.07.2024 passed in Writ B No.2985 of 2024, the petitioner is entitled for interim relief during pendency of the revision under Section 48 of U.P.C.H. Act. 11. Considering the entire facts and circumstances of the case, the instant petition is finally disposed of directing the respondent No.3/ Deputy Director of Consolidation to decide the aforementioned revision being Case No.0066/2025 (Computerized Case No.202554033900000066 of 2025) expeditiously preferably within a period of four months from the date of production of certified copy of this Court after affording proper opportunity of hearing to the parties. It is further directed that till the pendency of the aforementioned revision, the parties are directed to maintain status quo in respect to the nature and possession over the property in question. Order Date :- 7.4.2025 PS* Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad