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2025 DAILYLAW 132644 (ALL)

SAVITRI v. BOARD OF REVENUE, U.P., LKO. THRU. SECY. LKO AND OTHERS

WRIB/303/2025 · 2025-04-08

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19750 Court No. - 7 Case :- WRIT - B No. - 303 of 2025 Petitioner :- Savitri Respondent :- Board Of Revenue, U.P., Lko. Thru. Secy. Lko And Others Counsel for Petitioner :- Suresh Kumar Yadav,Amrendra Nath Tripathi Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the petitioner, learned State Counsel and perused the material brought on record. 2. This petition has been filed seeking following main relief(s):- "(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 27.03.1996 passed by the opposite party No. 1 in Revision No. 9/LR/1986-87 District-Barabanki In Re: Ramnath Versus Smt. Dhiraja; and order dated 05.07.1985 passed by the opposite party No. 2 in Revision No.186/668/Barabanki In Re : Ramnath and others Versus Smt. Dhiraja preferred under Section 218 of U.P. Land Revenue Act, 1901 as well as the order dated 20.03.1980 passed by the opposite party No. 3 in Appeal No. 4/5 In Re: Smt. Dhiraja alias Ahmadi Versus Ramnath and others, contained as Annexure No. 1, 2 and 5 to the writ petition respectively." 3. Challenging the orders indicated in the prayer clause, quoted above, i.e. orders dated 20.03.1980 passed by opposite party no.3/Sub Divisional Magistrate, Haidergarh, District- Barabanki in Appeal No. 4/5 (Smt. Dhiraja alias Ahmadi Versus Ramnath and others) and order dated 05.07.1985 passed by opposite party no.2/Additional Commissioner, Faizabad Division, Faizabad now Ayodhya in Revision No.186/668/Barabanki (Ramnath and others Vs. Dhirja) as also the order dated 27.03.1996 passed by opposite party no.1 -Board of Revenue at Lucknow in Revision No.9 (L.R.)/1985-86, District Barabanki (Ramnath Vs. Smt. Dhirja @ Ahmedi), the laches in approahingh this Court has been explained in para 17 of the present petition which on reproduction reads as under. "17- That the petitioner came to know regarding the impugned order dated 27.03.1996 passed by the opposite party No. 1 in the last week of November, 2024 and subsequent thereto, the petitioner obtained the certified copy of the impugned judgment and order dated 27.03.1996 passed by the opposite party No. 1 and after arranging the other necessary documents when contacted a counsel, she was advising to prefer writ petition before this Hon'ble Court. The petitioner as per the advise of the counsel, contacted him after arranging the necessary fee and thereafter the petition was prepared and the same is being filed without any deliberately or intentional delay on the part of the petitioner." 4. It would be apt to indicate that in a case instituted under Section 34/35 of U.P. Land Revenue Act, 1901 (in short 'Act 1901'), the initial order was passed by Tehsildar, Haidargarh on 28.02.1979. 5. Considering the aforesaid as also Section 40-A of Act 1901, according to which the mutation proceedings is summary in nature and the aggrieved party can file a suit for declaration of right as also that laches have not been explained properly, this Court is not inclined to entertain the present petition. It is accordingly dismissed. Cost made easy. Order Date :- 8.4.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench