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2025 DAILYLAW 152321 (ALL)

MEERA DEVI v. STATE OF U.P. THRU. REVENUE SECY., LKO. AND OTHERS

WRIC/6941/2025 · 2025-08-01

Manish Kumar, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44638-DB Court No. - 2 Case :- WRIT - C No. - 6941 of 2025 Petitioner :- Meera Devi Respondent :- State Of U.P. Thru. Revenue Secy., Lko. And Others Counsel for Petitioner :- Ashish Raman Mishra Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. 1. Vakalatnama filed today by Shri Rajendra Prasad Lodhi, Advocate on behalf of opposite party No.3 and 4 is taken on record. 2. Heard Shri Ashish Raman Mishra, learned Counsel for the petitioner, Shri Rajendra Prasad Lodhi, learned Counsel for the opposite party No.3 and 4 and Shri Shailesh Tiwari, learned Additional Chief Standing Counsel for the State. 3. After hearing the parties what comes out is that against an order passed under Section 34 of the U.P. Land Revenue Act, 1901 which appears to have been in favour of the petitioner, an appeal was preferred by opposite party No.3 and 4 before the Sub Divisional Magistrate. During pendency of the said appeal, the private opposite parties moved an application, wherein, without any notice to the petitioner, who is a respondent in the said appeal, apparently, on the administrative side, an interim order has been passed which could not have been done. A proper application should have been filed in the appeal on the judicial side wherein, the contesting parties should have been heard and an order could have been passed or even if an ex- parte order was to be, it could have been passed only in the judicial proceedings and not on the administrative side. Shri Shailesh Tiwari, learned Additional Chief Standing Counsel for the State has instructions to the effect that there is no such order in the appeal which is pending, which impliedly means that the order passed is on the administrative side, therefore, it cannot be sustained, we, accordingly, quash the impugned order, however, with liberty to the private opposite parties to move appropriate application in the pending appeal and as the petitioner, who is a respondent in the appeal has put in appearance therein, he shall also be heard and thereafter, appropriate orders can be be passed by the Appellate Court as per law. 4. The writ petition is allowed in the aforesaid terms. (Manish Kumar, J.) (Rajan Roy, J.) Order Date :- 1.8.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench