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2025 DAILYLAW 105224 (ALL)

GANGA PRASAD AND ANOTHER v. State of UP AND 3 OTHERS

WRIC/36910/2024 · 2025-03-02

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29387 Court No. - 34 Case :- WRIT - C No. - 36910 of 2024 Petitioner :- Ganga Prasad And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Santosh Kumar Tiwari Counsel for Respondent :- C.S.C.,Sher Bahadur Singh Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed for the following reliefs:- "(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 11.09.2024 (Annexure No.1 to the writ petition) passed by Additional Commissioner (Judicial), IInd Bareilly Division, Bareilly (respondent No.2) in Case No. RST/597/2023 (Computerized No. C202312000000597 (Ganga Prasad & others Vs. .......) under Section 333 of U.P. Z.A. & L.R. Act. (ii) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent No.2 to correct the order dated 02.04.1996 by mentioning plot No. 261 in place of plot No. 216." 3. The correction application filed by the petitioners under Section 152 C.P.C. has been rejected by the Additional Commissioner (Judicial)-II, Bareilly Mandal, Bareilly-respondent No. 2 on the ground that correction cannot be made after lapse of 27 years in the order sought to be corrected. 4. Learned counsel for the petitioners has relied upon two judgments of this Court passed in Writ C No. 29898 of 2014 (Sharma Singh and Another Vs. State of U.P. and 3 others) on 28.05.2014 and Civil Misc. Writ Petition No. 58827 of 2011 (Surajbhan Sharma Vs. State of U.P. and others) reported in 2011 10 ADJ 296 for the proposition that the proceedings for correction or ratification of order cannot be rejected on the ground of limitation. 5. This fact has not been denied by learned Standing Counsel. 6. In view of these facts, the writ petition is allowed and the order dated 11.09.2024 is set aside and respondent No. 2-Additional Commissioner (Judicial)-II, Bareilly Mandal, Bareilly is directed to consider the matter afresh in accordance with law after hearing all the parties concerned. Order Date :- 3.3.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad