HARI SINGH AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/42339/2024 · 2025-07-31
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 112224 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 112224 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:129347 Court No. - 34 Case :- WRIT - C No. - 42339 of 2024 Petitioner :- Hari Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kunwar Abhishek Singh,Suresh Pratap Singh Counsel for Respondent :- Arun Kumar Pandey,C.S.C. Hon'ble Rohit Ranjan Agarwal,J.
1. Heard learned counsel for the petitioners and learned Standing Counsel for the State.
2. Proceedings under Section 122-B of U.P.Z.A. & L.R. Act, 1950 were initiated against the petitioners in the year 1983 and notice under Form-40 (Ka) was issued on 12.5.1983 which was registered as Case No. 28 of 1983 before the court of Assistant Collector, Bijnor. Objections were filed by petitioners and proceedings under Section 122-B were dropped by order dated 12.6.1984 holding that the said proceedings cannot run. It appears that after passing of almost 37 years on a private complaint moved by one Dharamveer the proceeding has been initiated against the petitioners under Sections 104/105 of U.P. Revenue Code, 2006 and names of petitioners have been deleted by an ex-parte order. A restoration application was moved, which was dismissed, against which a revision was filed, which has also been dismissed.
3. After perusing the material on record, I find that once the order in 1984 was passed by the Assistant Collector and proceeding under Section 122-B of the Act of 1950 was dropped against the petitioners there stood no occasion for initiating the proceeding under Sections 104/105 of U.P. Revenue Code, 2006 after a lapse of 37 years.
4. Considering the facts and circumstances of the case, I find that the orders impugned need to be set-aside and, as such, the order dated 9.12.2021 passed by the respondent no. 2 in Case No. 6500 of 2021 and the order dated 23.10.2024 passed by respondent no. 2 in Case No. 1475 of 2022, are set aside.
5. Writ petition stands allowed. Order Date :- 1.8.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad