Bablu Gautam & Anr. v. State Of U.P. And 6 Others
Case at a glance
Outcome
Dismissed
Accordingly, this writ petition is dismissed
Provisions considered
- Uttar Pradesh Land Revenue Act, 1901 ss. 34, 219
Key paragraphs
- Para 77. Accordingly, this writ petition is dismissed. Order Date :- 21.3.2025 Rishabh RISHABH KUMAR High Court of Judicature at Allahabad [Manish Kumar Nigam, J.]
Judgment
Heard learned counsel for the parties and perused the record.
This writ petition has been filed seeking following relief :- "Issue writ, order or direction, in the nature of certiorari, call for the record and quashing the impinged orders dated 10.12.2024, passed by the learned Commissioner, Moradabad Division, in Computerized Case No. C202413000002520 (Case No. 2520/2024) Bablu Gautam etc. vs. Bhagwandas etc., under Section 219 of the Uttar Pradesh Land Revenue Act, 1901 with regard to land bearing Khata No. 33, Gata/Area 77m/0.841 hectare, 160/0.260 hectare, 179m/0.020 hectare, and 102m/0.005 hectare, situated in Village Sunpura Khurd, Tehsil Dhanora, District Amroha. ii) Issue writ, order or direction, in the nature of certiorari, call for the record and quashing the impinged order dated 16.10.2024, passed by the Court of Tehsildar, Dhanora, District Amroha, in Case No. T-20151338023902, Jamuna Prasad etc. vs. Karan Singh, under Section 34 of the Uttar Pradesh Land Revenue Act, 1901, concerning the land in Village Sunpura Khurd, Tehsil Dhanora, District Amroha with regard to land bearing Khata No. 33, Gata/Area 77m/0.841 hectare, 160/0.260 hectare, 179m/0.020 hectare, and 102m/0.005 hectare, situated in Village Sunpura Khurd, Tehsil Dhanora, District Amroha. "
Contention of learned counsel for the petitioners is that an order dated 27.9.2024 was passed in favour of the petitioners which was recalled on a recall application moved by the respondents on 16.10.2024 by means of order dated 16.10.2024. It has been further contended by learned counsel for the petitioners that the restoration application of the petitioners was allowed on the very same day. Against the order dated 16.10.2024, revision was filed by the petitioner which has been decided by order dated 10.12.2024.
Learned counsel appearing for the respondents pointed out that by order dated 10.12.2024, the order dated 16.10.2024 has been recalled as well as order dated 27.10.2024 has also been recalled on the ground that the said order has been obtained without impleading the correct parties and without opportunity to the respondents.
In my view, no illegality has been committed by the Courts below and petitioners may contest the proceedings before the initial authority.
In view of the same, I am not inclined to interfere with the matter.
Operative part
Accordingly, this writ petition is dismissed. Order Date :- 21.3.2025 Rishabh RISHABH KUMAR High Court of Judicature at Allahabad [Manish Kumar Nigam, J.]
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this writ petition is dismissed
Which statutory provisions did this judgment involve?
Uttar Pradesh Land Revenue Act, 1901 — ss. 34, 219.
Which court decided this case, and when?
Allahabad High Court, on 21 Mar 2025. The bench was MANISH KUMAR NIGAM.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.