Neutral Citation No. - 2025:AHC-LKO:42083 Court No. - 6 Case :- WRIT - C No. - 6585 of 2025 Petitioner :- Kamlesh Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Dharmendra Pratap Singh,Rohit Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Vakalatnama filed by Shri Arvind Pratap Singh on behalf of respondents no. 4,6,7 and 9 is taken on record. 2. Heard learned counsel for the parties. 3. By means of this petition, the petitioner has challenged the order dated 02.05.2025, passed by the Additional Commissioner, Administration-II, Devipatan Mandal, District Gonda, in case No. 1617/2024, Computerized Case No. C202408000001617, "Rameshwari Devi and others Vs. Jay Prakash Singh and others", under Section 207 Uttar Pradesh Revenue Code, 2006 as well as impugned judgment and order dated 25.082022, passed by Additional District collector, (Finance and Revenue), Gonda, District Gonda, in Case No. 210/2022, Computerized Case No. D202208300000210, "Rameshwari Devi and others Vs. Jay Prakash Singh and others", under Section 38(1) Uttar Pradesh Revenue Code, 2006. 4. It has been submitted by learned counsel for the petitioner that the petitioner along with respondents no. 10, 11 and 5 has filed a case under Section 38(1) U.P. Revenue Code, before the Additional District Collector, (Finance and Revenue), Gonda, District Gonda, for correction of the map of land Gata No. 3253, 3254 and 3255, Village Sakraura, Gramine Pargana Gwarich, Tehsil Colonel Ganj, District Gonda. In the said proceedings an application for withdrawal was filed by the respondents no. 10 and 11 and by means of order dated 25.8.2022 the application for withdrawal of the case was allowed. Subsequently an appeal was preferred before the Additional Commissioner, (Administration-II), Devipatan Mandal, Gonda, assailing the order dated 25.8.2022, wherein it was stated that the withdrawal of the case was unauthorizedly done and the matter was contested on merits. The Additional Commissioner (Administration-II), by means of the order dated 2.5.2025 has rejected the appeal on the ground of limitation and maintainability stating that the appellants themselves have moved application for withdrawal and accordingly they again in such of peculiar circumstances assailed the said order in appeal. The petitioner was assailing both the orders has submitted that the application was filed unauthorizedly on behalf of the petitioner and in the appeal though the petitioner has been shown to be an appellant but no Vakalatnama was submitted by her. In the aforesaid circumstances, the following order was passed, directing the respondent no.3 to appear before this Court alongwith the records. "1. Heard Sri Dharmendrda Pratap Singh, learned counsel for the petitioner and the Standing counsel on behalf of respondent No.s 1, 2 and 3. 2.It has been submitted that an application under Section 38 (1) of Revenue Code was filed before Additional Collector (Finance and Revenue), Gonda for correction of the map pertaining to the land of gata No.s 3253, 3254 and 3255 situated in Village Sakraura Gramine Pargana Gwarich, Tehsil Colongl Ganj, District Gonda along with opposite party No.s 10 and 11. During pendency of the aforesaid proceedings it has been stated that an application for withdrawal of the said case was filed on 25.7.2022 unauthorizedly without taking consent of the petitioner and accordingly on the said application by means of order dated 25.8.2022 the application was allowed and the case was dismissed as withdrawn. When one of the applicants ,namely, Rameshwari i.e. opposite party No.10 came to know about the aforesaid order she filed an appeal before Additional Commissioner (Administration), IInd, Devi Patan Mandal, Gonda assailing the order dated 25.8.2022. In the said appeal name of the petitioner is also mentioned as an appellant despite the fact that the petitioner had not signed memo of the appeal but the said appeal also came to be dismissed by Additional Commissioner (Administration) by order dated 2.5.2022 and consequently both the aforesaid orders have been assailed in the present writ petition. 3. To ascertain the grievance and the allegations leveled by the petitioner that she had not authored the application dated 25.8.2022 for withdrawal of the case under Section 30 (2) of the Revenue Code before Additional Collector, Gonda and also that she was not a party to the appeal and to that effect had not signed the memo of the appeal or given thumb impression and also name of the petitioner was not entered into the vakalatnama are questions of fact which can be ascertained after examining the original records and accordingly opposite party No.3 directed to produce before this Court the original records pertaining to case No.210/2022, computerized case No.D202208300000210 (Rameshwari Devi and others Vs. Jay Prakash Singh and others) under Section 38 (1) of U.P. Revenue Code on the next date. 4. List on 22.7.2025 on which date records as aforesaid be produced by opposite party No.3." 5. I have perused the original record of Case No. D 202208300000210. In the said record I find that the Vakalatnama of the petitioner is available on record. 6. I have perused the application dated 25.8.2022, which purportedly has been signed by the petitioner and the application for withdrawal of the case has been allowed on the same date itself. 7. I have also perused the copy of the appeal produced by learned Standing Counsel and perusal of the copy filed by the petitioner on record, in the appeal I find that thought he petitioner was party but she has not authorized any person to file the said appeal, in as much as, her Vakalatnama is missing from the record. 8. Accordingly, in absence of any Vakalatnama or authorization by the petitioner, no such appeal could have been filed in the name of the petitioner. 9. Learned Standing Counsel also does not dispute this fact that the Vakalatnama of the petitioner is absent. 10. Accordingly, the petition is partly allowed. The order dated 2.5.2025 is set aside with respect to the petitioner. I do not find any ground for interference in the order dated 25.8.2022 and I find that the application bears signature in the name of the petitioner I am not going to decide the authenticity of the signature, which aspect shall be considered at appropriate stage. (Alok Mathur, J.) Order Date :- 22.7.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench