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2025 DAILYLAW 106892 (ALL)

YADRAM ALIAS YADRAM SHARMA v. State of UP AND 2 OTHERS

WRIC/37347/2024 · 2025-05-22

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88505 Court No. - 34 Case :- WRIT - C No. - 37347 of 2024 Petitioner :- Yadram Alias Yadram Sharma Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Anil Pratap Singh Raghav Counsel for Respondent :- C.S.C.,Rajesh Mishra Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Anil Pratap Singh Raghav, learned counsel for the petitioner; Sri Shashikant Kushwaha, learned Standing Counsel for the State-respondent nos.1 & 2 and Sri Akhilesh Chandra Shukla, learned counsel for the respondent no.3. 2. By means of the present writ petition, the petitioner has assailed the order dated 11.09.2024 passed by the Naib Tehsildar, Arnia, Tehsil Khurja, District- Bulandshahr (respondent no.2) in Case No.7318/2024 (Computerized Case No. T202411170207319) (Devesh Tripathi versus Dal Chand Sharma) under Section 34 of the U.P. Revenue Code, 2006. 3. Submission of the learned counsel for the petitioner is that the impugned order dated 11.09.2024 passed by the respondent no.2 is an ex-parte order as the same was passed behind the back of the petitioner. He submits that the petitioner was never afforded any opportunity to file objections. 4. Learned counsel appearing on behalf of the respondent no.3 has raised objection regarding the entertainability of the present writ petition on the ground that the present writ petition is pre- mature and the petitioner has an efficacious statutory remedy available as per the proviso to Section 209(h) of the U.P. Revenue Code, 2006. 5. Taking into consideration the arguments as advanced by the learned counsel for the petitioner that the impugned order dated 11.09.2024 has been passed ex-parte, the petitioner has a remedy of filing an application for setting aside such an order as per the proviso appended to Section 209 of the U.P. Revenue Code, 2006 that provides that where order has been passed ex- parte or by default, the person aggrieved by the said order may move application for setting aside such order within a period of thirty days from the date of the order. 6. In view of aforesaid provision, the present writ petition is disposed of with a liberty to the petitioner to move appropriate application as discussed herein above, for setting aside the impugned order dated 11.09.2024, before the court concerned, as per law. 7. However, it is provided that in case if such an application is moved within a period of two weeks from today, the same shall be entertained by the court concerned on its merit and shall be decided, strictly in accordance with law, as expeditiously as possible. Order Date :- 23.5.2025 Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad