The court directed the expedited disposal of a pending statutory appeal within six months while maintaining an interim stay to prevent the frustration of the appeal's purpose.

Order

1. Matter comes up for consideration of the stay vacation application with the consent of the parties.

2. Present writ petition has been filed challenging the order dated 26.03.2024 (Annexure-13) passed by learned Board of Revenue whereby the interim order dated 20.11.2023 (Annexure-11) passed by the learned Appellate Authority - Additional Divisional Commissioner, Jodhpur, directing parties to maintain status quo regarding land and record has been stayed by learned Board of Revenue.

3. Learned counsel for petitioner submits that, while admitting the appeal preferred against the order dated 06.09.2023 (Annexure-9), learned Appellate Court - Additional Divisional Commissioner, Jodhpur, had rightly passed a status quo order; however, the said order has been erroneously stayed by learned Board of Revenue.

4. It is stated that if the status quo order is not allowed to stand till the pendency of the appeal, the very purpose of filing the statutory appeal would get frustrate.

5. Learned counsel for petitioner submits that this Court, after considering the aforesaid submissions, passed an order dated 06.05.2024, whereby the effect and operation of the orders dated 26.03.2024 (Annexure-13) and 01.04.2024 (Annexure-14) were stayed.

6. Per contra, learned counsel for respondent submits that no adjudication on the merits of the case is warranted at this stage, as the present writ petition is directed only against the interim order. It is further submitted that since the interim order has been in operation since May 2024, it would be in the interest of justice to direct learned Additional Divisional Commissioner, Jodhpur, to decide the appeal finally in an expeditious manner.

7. This Court, after considering the arguments advanced by both parties, deems it appropriate to dispose of the present writ petition with a direction to the Court of Additional Divisional Commissioner, Jodhpur, to decide the pending Appeal No. 596/2023, titled Devendra Chajed vs. Smt. Leela & Ors., expeditiously, preferably within a period of six months from the date of receipt of a certified copy of this order.

8. The learned Additional Divisional Commissioner, Jodhpur, is directed to ensure compliance of the directions issued by this Court and to decide the appeal within the stipulated time frame, without granting unnecessary adjournments to either party. Till the final disposal of Appeal No. 596/2023, interim order passed by this Court on 06.05.2024 shall remain in force.

9. With these observations, present writ petition is disposed of

10. It will be open for the parties to approach this Court if the adjudication of the appeal in question is delayed beyond the time frame prescribed in present order.

11. Stay petition and all other pending applications, if any, are hereby disposed of.