RITU RAJ AWASTHI
DARSHAN SINGH – Appellant
Versus
ADDITIONAL COMMISSIONER (JUDICIAL) LUCKNOW DIVISION – Respondent
Hon’ble Ritu Raj Awasthi, J.—Heard learned counsel for the petitioners as well as learned Additional Chief Standing Counsel Mr.M.E. Khan and perused the records.
2. Since the writ petition involves purely legal questions of law which can be considered without issuing notice to private respondents and without calling for any counter-affidavit, the writ petition is being decided at the admission stage with the consent of parties counsel.
3. The questions which has cropped up in this writ petition are (i) whether in the proceedings under Section 176 of U.P.Z.A. & L.R. Act the concerning Court is competent to grant temporary injunction/stay and; (ii) whether the order refusing or granting temporary injunction is appellable or revisable.
4. The instant writ petition has been filed challenging the order dated 10.8.2015, passed by opposite party No. 2/Sub-Divisional Officer, Palia Kalan, Lakhimpur Kheri as well as order dated 26.8.2015 whereby in the suit filed under Section 176 U.P.Z.A. & L.R. Act by petitioners the opposite party No. 1 has come to conclusion that there is no provision for grant of stay in the proceedings under Section 176 of U.P.Z.A. & L.R. Act. The temporary in
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