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2025 DAILYLAW 140629 (ALL)

LAXMI DEVI v. STATE OF U.P. THRU. DISTRICT MAGISTRATE, LAKHIMPUR KHERI AND 4 OTHERS

WRIC/4763/2025 · 2025-05-21

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:30028 Court No. - 7 Case :- WRIT - C No. - 4763 of 2025 Petitioner :- Laxmi Devi Respondent :- State Of U.P. Thru. District Magistrate, Lakhimpur Kheri And 4 Others Counsel for Petitioner :- Archana Rawat,Rahul Kumar Kaushal Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard Ms. Archana Rawat, learned counsel for the petitioner and Sri Hemant Kumar Pandey, learned State counsel. In view of order proposed to be passed, issuance of notice to the private- respondent(s) is hereby dispensed with. The instant petition has been preferred seeking following main relief(s):- "i. Issue, a writ, order or direction in the nature of CERTIORARI thereby quashing the impugned order dated 09.09.2020 passed by the Addl. Nayab Tahsildar Pasganwa, Tahsil Mohammadi, District Lakhimpur (Khiri) on Case no. 00872/2020 computerized case no. T 202010430400872 (Kalawati Versus Laxmi devi) U/S 35 U.P. Revenue Code 2006 after summoning the same. ii. Issue a writ, order or direction in the nature of MANDAMUS thereby commanding the Opp. Party no. 2 or 3 to commanding the opp. Party no. 4 recall the order which was passed by them in wrong section and processor. iii. Issue a writ, order or direction in the nature of MANDAMUS thereby commanding the opp. Party no. 3 or 2 to decide the application dated 05.05.2025 of the petitioner in light of section 33 (3) and 35(2) of Uttar Pradesh Land Revenue Code 2006 with immediate effect. iv. Issue a writ, order or direction in the nature of MANDAMUS thereby commanding the opp. Party no. 3 to correct the wrong entry." After arguing the matter at some length, learned counsel for the petitioner says that justice would suffice if this petition is disposed of with a a direction to the Authority/Court concerned namely respondent No. 3/Tehsildar, Tehsil- Mohammadi, District- Lakhimpur (Kheri) to consider and decide the application dated 05.05.2025 preferred by the petitioner for recalling the order dated 09.09.2020, impugned herein, within the time as specified by this Court. The aforesaid has not been opposed. Taking note of the aforesaid, without entering into the merits of the case, the instant petition is disposed of with a direction to the respondent No. 3 to consider and decide the application dated 05.05.2025 preferred by the petitioner for recalling the order dated 09.09.2020 most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party preferably within a period of three months from the next date fixed in the case, if there is no other legal impediment in this regard, strictly in accordance with law, as per which, the issue of condonation of delay should be decided first. (See: Division Bench judgment of this Court dated 03.02.2022 passed in Writ Petition No. 6574 (Consolidation) of 2016 (Ram Prakash vs. Deputy Director of Consolidation, Hardoi & Others) and the law laid down by the Hon'ble Apex Court in the case of Noharlal Verma vs. Dist. Cooperative Central Bank Ltd. reported in (2008) 14 SCC 445). It is made clear that the Court has not examined the case of either party on merits and the Authority/Court concerned shall be free to decide the aforesaid case/application strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 21.5.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench