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2025 DAILYLAW 17825 (ALL)

RUDRA NARAYAN AND 9 OTHERS v. STATE OF U.P. AND 3 OTHERS

WRIC/4071/2025 · 2025-02-26

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:26955 Court No. - 34 Case :- WRIT - C No. - 4071 of 2025 Petitioner :- Rudra Narayan And 9 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Kumar Upadhyay,Shashi Shekhar Mishra Counsel for Respondent :- Achal Singh,C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This petition has been filed for the following relief: "i) issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 04.03.2024 passed by respondent no. 3 (Sub-Divisional Officer, Tehsil-Mau, District-Chitrakoot) in Case No. 01924 of 2017, Computerized Case No. T201707190201924 (Report Tehsildar Vs. Shivnayak and others) under Section 202 of U.P.Z.A. Act, 1950 (Annexure No. 1 to the writ petition)." 3. Contention of the learned counsel for the petitioner is that the impugned order dated 04.03.2024 passed under Section 202 of U.P. Z.A. & L.R. Act is an ex-parte order. 4. Learned Standing Counsel has submitted that earlier order dated 06.04.2011 was passed against the petitioner which was challenged by the petitioner in appeal and the appeal filed by the petitioner was allowed by order dated 22.06.2016 and the matter was remanded for fresh decision after providing opportunity to the petitioner. Thereafter, the order dated 04.03.2024 has been passed and finding has been recorded by the authority that despite several opportunity being given to the petitioner, the petitioner has failed to participate in the hearing and therefore, order has been passed in absence of the petitioner. It is further submitted by learned Standing Counsel that the order impugned is appealable. 5. In view of the fact that order dated 04.03.2024 passed by respondent no. 3, under Section 202 of U.P. Z.A. & L.R. Act is appealable, I am not inclined to interfere in the matter. 6. However, it is provided that in case, the petitioner moves an appeal against the order impugned, the same shall be considered and decided after hearing all the concerned parties in accordance with law. 7. With the aforesaid observation, the petition is disposed of. Order Date :- 27.2.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad