Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 120734 (ALL)

SATYENDRA PRATAP SINGH v. STATE OF U.P. THRU. COLLECTOR, SULTANPUR AND OTHERS

WRIC/1014/2025 · 2025-02-04

Jaspreet Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:7042 Court No. - 8 Case :- WRIT - C No. - 1014 of 2025 Petitioner :- Satyendra Pratap Singh Respondent :- State Of U.P. Thru. Collector, Sultanpur And Others Counsel for Petitioner :- Vishnu Dev Shukla Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. Notice on behalf of respondent nos.1, 2 and 3 has been accepted by the office of Chief Standing counsel. Sri Mohan Singh has accepted notice on behalf of respondent no.4. In view of the controversy involved relating to the proceedings under Section 67 of the U.P. Revenue Code, 2006 which have been decided exparte against the petitioner and the appeal preferred by the petitioner has been dismissed on the ground of delay, hence, at this stage, with the consent of learned counsel for the parties the petition is being disposed of at the admission stage itself without calling for a counter affidavit. Submission of learned counsel for the petitioner is that the petitioner has no notice of the proceedings under Section 67 and though the same was urged before the first appellate court, however, it found that the explanation given by the petitioner was not satisfactory and dismissed the appeal as being barred by limitation though it was beyond time by nine months. Since no opportunity was granted and the appeal has been dismissed on the ground of limitation, this Court is of the opinion that ends of justice can be served by making the petitioner to participate in the proceedings and the matter be re- decided, afresh, after affording opportunity of hearing to the petitioner. Accordingly, the petition is allowed setting aside the impugned orders dated 19.12.2024 and 30.11.2022. The proceedings shall stand restored on the Board of the respondent no.3/Tehsildar/Assistant Collector (First) Tehsil Jaisinghpur, District Sultanpur wherein the party shall appear on 17.02.2025. The petitioner on 17.02.2025 or prior thereto shall deposit a sum of Rs.25,000/- with the respondent no.3. Only when the aforesaid amount is deposited in terms of this order will the proceedings stand resurrected before the respondent no.3 who shall then after affording opportunity of hearing to the parties shall re-decide the matter afresh. In case, if the petitioner chooses to misuse the liberty, it will be open for the authorities to proceed in accordance with law and endeavour be made to decide the proceedings, preferably, within a period of four weeks from the date fixed i.e. 17.02.2025. Even if the petitioner does not deposit the sum as mentioned above then the petitioner shall not get the benefit of this order and the orders dated 30.11.2022 and 19.12.2024 will become operative. It is made clear that the Court has not examined the plea of the petitioner on merits and the impugned orders have been passed only on the ground that an adequate opportunity of hearing was not granted to the petitioner. With the aforesaid, the petition is allowed. Order Date :- 4.2.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench