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Neutral Citation No. - 2025:AHC:14040 Court No. - 33 Case :- WRIT - C No. - 34331 of 2024 Petitioner :- Chandrika Prasad Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Sachchidanand Srivastava Counsel for Respondent :- Shrawan Kumar Tripathi,C.S.C. Hon'ble Vikram D. Chauhan,J. Heard learned counsel for the petitioner, learned counsel for the respondent nos. 3/1 to 3/5 and learned Standing Counsel for the State. By means of the present writ petition petitioner seeks the following relief:
"i) issue a writ, order or direction in the nature of certiorari quashing the
order dated 18.06.2024 passed by respondent no. 2 in Case/Appeal No. 4730 of 2016, Computerized Case No. T20161714034730, Ram Ajore Vs. Jhokhari @ Jhabari (Annexure No. 1 to the writ petition)." It is submitted by learned counsel for the petitioner that the appeal was not filed against any order which is in violation of Rule 6 of the Uttar Pradesh Panchayat Raj (Maintenance of Family Registers) Rules, 1970. The perusal of the memo of appeal goes to show that there is no
order under challenge in the memo of appeal.
Learned counsel for the respondent nos. 3/1 to 3/5 submits that the impugned order dated 18.06.2024 may be set aside as the necessary amendment application has been filed before the appellate authority for amendment of the memo of appeal. With the consent of the parties, the order dated 18.06.2024 passed by the respondent no. 2, Up-Ziladhikari (Judicial) Basti, District Basti, is hereby set aside and the matter is remanded to the authorities concerned for decision afresh. If there is any amendment or correction application, petitioner shall also be granted an opportunity of hearing prior to passing any order. With the aforesaid direction, the writ petition is allowed.
Order Date :- 27.1.2025/K.K. Maurya Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad