PANKAJ SINGH v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS
WRIC/2039/2025 · 2025-03-03
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126245 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126245 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 8 Case :- WRIT - C No. - 2039 of 2025 Petitioner :- Pankaj Singh Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Anoop Kumar Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. Notice on behalf of respondent nos. 1 to 3 has been accepted by the office of the learned Chief Standing Counsel. Under challenge is the order dated 05.01.2024 passed by the respondent no. 2 whereby the revision of the petitioner was dismissed on the ground that it assailed an interlocutary order. The petitioner also seeks the quashing of the order dated 05.12.2022 whereby a recall application has been allowed by the respondent no. 3. The submission of learned counsel for the petitioner is that no notice was issued to him and the restoration application has been decided behind the back of the petitioner. He further submits that he had assailed the matter in a revision which has been dismissed on insufficient grounds. Having considered the aforesaid submissions and from the perusal of the material on record, apparently, certain mutation proceedings are engaging the attention of the Tehsildar concerned. At the behest of the private respondents, an application for restoration appears to have been moved which came to be allowed by means of order dated 05.02.2022 without seeking a recall of the said order (if the contention of the learned counsel for the petitioner is that the same was ex-parte). The petitioner preferred a revision which has also been dismissed holding that it is not maintainable arising out of an interlocutory order. There is no explanation as to what is the status of the proceedings since 05.12.2022, moreso, for the reason that the revision preferred by the petitioner was also filed on 18.03.2024 and there does not appear to be any stay in the revision which may have arrested the further progress of the proceedings. Apparently, the recall order is discretionary in nature and does not impact the substantive rights of the parties. In case if the petitioner is aggrieved, he has adequate remedy in law and for the aforesaid reasons, this Court is not inclined to entertain the present petition which is accordingly dismissed.
It is made clear that the Court has not examined the case of the petitioner on merits and in case if he chooses to exercise his right, the court concerned shall consider and decide the same strictly in accordance with law. Order Date :- 3.3.2025 Asheesh/- Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench