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2025 DAILYLAW 166570 (ALL)

SMT. KUSHMA YADAV v. DEPUTY DIRECTOR OF CONSOLIDATION, HARDOI CAMP, UNNAO AND OTHERS

WRIB/1051/2024 · 2025-01-20

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3368 Court No. - 8 Case :- WRIT - B No. - 1051 of 2024 Petitioner :- Smt. Kushma Yadav Respondent :- Deputy Director Of Consolidation, Hardoi Camp, Unnao And Others Counsel for Petitioner :- Vinod Kumar Singh Counsel for Respondent :- C.S.C.,Ankit Kumar Trivedi,Anoop Srivastava Hon'ble Jaspreet Singh,J. 1. Heard learned counsel for the petitioner, Shri Ankit Trivedi learned counsel for respondent no.4 and Shri Anoop Srivastava learned counsel for respondent nos.5 to 9. 2. Rejoinder afÏdavit filed on behalf of the petitioner is taken on record. 3. The limited submission of learned counsel for the petitioner is that the impugned order dated 29.1.2024 was passed by the D.D.C., Unnao whereby the revision preferred under Section 48(1) of the U.P.C.H. Act has not been rejected on merits but on a highly technical ground that the petitioner has not impleaded chakdar no.422, 336, 40 and 648. 4. Learned counsel for the petitioner submitted that if at all the revisional authority was of the view that the said chakdars were required to be heard, then at least an opportunity should have been granted to the petitioner to implead the same and in case if the petitioner fails to comply with the same, could such an order be passed, however in this case, it has not been done and this has resulted in miscarriage of justice. 5. Shri Ankit Trivedi learned counsel for respondent no.4 and Shri Anoop Srivastava learned counsel for respondent nos.5 to 9 could not dispute the fact that no opportunity has been granted to the petitioner to implead the affected chakdars. 6. Be that as it may, since the order of dismissal is only on account of fact that the petitioner has not impleaded the necessary chakdars, this Court is of the view that the impugned order dated 29.1.2024 cannot be sustained and it is accordingly set aside. The revision before the D.D.C. shall stand restored to its original number where the parties shall appear on 10.2.2025. The petitioner shall also file an appropriate application for impleading the affected chakdars on the date itself i.e. 10.2.2025 and from that point onwards, the D.D.C. after affording the full opportunity of hearing to the parties, shall decide the revision afresh, after affording an opportunity of hearing but without granting any unnecessary adjournment as expeditiously as possible. 7. It is made clear that the court has set aside the order simplicitor on the ground that opportunity to implead the necessary parties was not granted to the petitioner and has not examined the respective pleas of the parties on merits. 8. The writ petition is allowed in terms of above. Order Date :- 20.1.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench