SHIV SHANKAR UPADHYAY v. STATE OF U.P. AND 2 OTHERS
WRIC/34261/2025 · 2025-10-09
Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 101353 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 101353 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34261 of 2025 Court No. - 6 HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J. Heard Sri Bal Mukund Chaturvedi, learned counsel for the petitioner, Sri Abhishek Shukla, learned Additional Chief Standing Counsel appearing for the State respondents and Sri Vijay Bhan Singh, learned Advocate holding brief of Sri Bhupendra Kumar Tripathi, learned counsel representing the respondent-Gram Sabha. The present petition has been filed seeking to assail the order dated 15.5.2006, passed in proceedings under Section 122-B of the U.P.Z.A. and L.R. Act, 1950 and the subsequent revisional order dated 21.8.2015 passed by the respondent No. 2, the Tehsildar Madiyahun, District Jaunpur. Counsel for the State respondents and the counsel appearing for the respondent-Gram Sabha have raised an objection with regard to the writ petition being grossly barred by delay/laches. It is also pointed out that as per the averments in para-25 of the writ petition, the petitioner is stated to have filed a restoration application on 13.8.2024 and since the petitioner is availing the said remedy, the present writ petition would not be entertainable. Counsel for the petitioner has not disputed the aforesaid factual position in regard to the restoration application being pending. Accordingly, learned counsel states that he does not wish to press the petition and that the petitioner would avail his remedy before the concerned respondent authority before whom the restoration application is Versus Counsel for Petitioner(s) : Bal Mukund Chaturvedi Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C. Shiv Shankar Upadhyay .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
stated to be pending. The petition is disposed of accordingly. October 10, 2025 Arun K. Singh WRIC No. 34261 of 2025 2 (Dr. Yogendra Kumar Srivastava,J.) Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad