The court held that interim relief should be granted in land disputes pending regularization, emphasizing that statutory rights are to be protected until final determination.

JUDGMENT

Chandra Kumar Rai, J.

Heard Mr. S.C. Varma, learned Counsel for the petitioner, Mr. J.N. Maurya, learned Chief Standing Counsel for the State-respondents assisted by Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents.

2. The instant petition has been filed for following relief:-

"I) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.4 not to give effect of the order dated 26.04.2023 passed in Case No.7799 of 2022 Computerised Case No. T202203410407799 (State of U.P. v. Juneja Poultry Products Pvt. Ltd.) under Section 166 and 167 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 by which direction has been issued to vest 10.5764 Hectare petitioner's land in State Government due to violation of section 154(2) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 during the pendency of the Appeal no.1113 of 2023 (Juneja Poultry Products Pvt. Ltd. v. State of U.P. and others) pending before the Commissioner, Kanpur Division Kanpur.

I-A) Issue a suitable writ, order or direction in the nature of certiorari to quash the impugned order dated 25.10.2023 (Annexure No.22 to this writ petition) passed by the Commissioner in Revision no.1113 of 2023 (Computerised Case No.C202303000001113) (Juneja Poultry Products Pvt. Ltd. v. State of U.P.) and may stay the effect and operation of the order dated 26.04.2023 (Annexure No.16 to the writ petition) passed by Sub Divisional Officer during the pendency of the revision before the respondent no.2.

II) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to decide the stay application pending in Appeal No.1113 of 2023 (Juneja Poultry Products Pvt. Ltd. v. State of U.P. and others) within time bound period.

III) Issue any other suitable writ, order or direction which this Court may deem fit and proper in the circumstance of the case.

IV) Award costs of the writ petition to the petitioner."

3. This Court on 6.10.2023 passed the following order:-

"1. Heard Mr. S.C. Verma, learned Counsel for the petitioner and Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents.

2. Counsel for the petitioner submitted that petitioner is a private limited company which is registered under the Companies Act. He further submitted that petitioner company purchased 15.6350 hectare agricultural land of Khasra Nos. 948, 962 and 1027 vide four registered sale deed dated 31.3.2006 accordingly name of petitioner company has been mutated in revenue record. He further submitted that aforementioned sale deed was executed beyond the area prescribed under Section 154 (1) of U.P.Z.A. and L.R. Act, as such, proceeding of regularisation of the excess land is pending before the State-Government under Section 154 (3) of U.P.Z.A. and L.R. Act but in spite of the pendency of the proceeding, Sub-Divisional Officer passed an order under Section 166/ 167 of U.P.Z.A. and L.R. Act against the petitioner which is wholly illegal and without jurisdiction. He further submitted that against the order passed in the proceeding under Section 166/ 167 of U.P.Z.A. and L.R. Act, appeal filed by the petitioner along with stay application is pending before Commissioner, Kanpur Division Kanpur being appeal No. 1113 of 2023, Computerized case No. C202303000001113. He further submitted that appeal has been registered and on the point of maintainability, the date has been fixed for hearing. He submitted that no interim order has been passed which is causing injury to the interest of petitioner. He further submitted that if the order under