Shamim Ahamad v. State Of U.P. And 3 Others
Case at a glance
Provisions considered
- Constitution of India art. 226
- Uttar Pradesh Land Revenue Act, 1901 s. 34
- U.P. Land Revenue Act, 1901 s. 34
Key paragraphs
- Para 77. In view thereof, I find no substance in the present petition, which is hereby dismissed without any direction. No order as to cost. (Dinesh Kumar Singh, J.) Order Date :- 9.5.2023 Piyush/- PIYUSH YADAV High Court of Judicature at Allahabad
Judgment
Heard, Shri Kirt Raj Yadav, learned counsel for the petitioner and Shri Abhineet Jaiswal, learned Standing Counsel for the State- respondents and perused the record.
The present petition under Article 226 of the Constitution of India has been filed seeking following reliefs:- "1. Issue a writ order or direction in the nature of mandamus commanding and directing the respondent No.2 i.e Tehsildar, Tehsil, Phulpur, District-Azamgarh to decide the proceeding of restoration/recall application dated 24.08.2016 which is registered as Restoration Case No.RST/1767/2022, Computerized Restoration Case No.T202215060310767 (Shamim Ahamad versus Faizan Ahamad) preferred against ex-parte order dated 29.03.2014 passed in Mutation Application dated 24.08.2016 which was registered as Mutation Case No.840 of 2014 Computerized Case No.2014150603443 of 2014 (Shamim Ahamad Versus Faizan Ahamad), under Section 34 of the Uttar Pradesh Land Revenue Act, 1901 in respect of Mauza Bhado Pargana Mahul Tehsil Phulpur, District- Azamgarh, pending before him since 24.08.2016, expeditiously within stipulate period as fixed by this Hon'ble Court.
2. ...
..."
3. The petitioner had filed Mutation Case No.840 of 2014 under Section 34 of the U.P. Land Revenue Act, 1901 before the Tehsildar- Phulpur, District-Azamgarh for mutating the land situated at Gata No.108/0.960, 644/0.316, 658/0.068, 727/0.165. The Tehsildar- Phulpur, District-Azamgarh vide order dated 29.03.2014 allowed the said case in favour of the petitioner by an ex-parte order.
It appears that respondent No.4 has filed an application to recall the said ex-parte order dated 29.03.2014 passed by Tehsildar-Phulpur, District-Azamgarh. Now, the petitioner has approached this Court in whose favour, the Tehsildar-Phulpur, District-Azamgarh had passed the order dated 29.03.2014 seeking a direction to decide the said recall application/restoration dated 24.08.2016 filed by respondent No.4.
This court is amazed to see the pleadings in the present petition. There is an order in favour of the petitioner still he is seeking early decision on the said recall application filed by respondent No.4.
This Court fails to understand the purpose and intent of filing this petition. The petitioner cannot be said to be aggrieved person inasmuch as the petitioner has an order in his favour by the competent authority.
In view thereof, I find no substance in the present petition, which is hereby dismissed without any direction. No order as to cost. (Dinesh Kumar Singh, J.) Order Date :- 9.5.2023 Piyush/- PIYUSH YADAV High Court of Judicature at Allahabad
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Uttar Pradesh Land Revenue Act, 1901 — s. 34; U.P. Land Revenue Act, 1901 — s. 34.
Which court decided this case, and when?
Allahabad High Court, on 09 May 2023. The bench was DINESH KUMAR SINGH.
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.