SMT. MANWATI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. REVENUE AND 6 OTHERS
/11519/2025 · 2025-11-28
body2025
DailyLaw.ai
[ 2025 DAILYLAW 183084 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183084 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11519 of 2025 Court No. - 6 HON'BLE JASPREET SINGH, J.
1. Heard learned counsel for the petitioner. Notice on behalf of the respondents No.1 to 3 has been accepted by the office of the Chief Standing Counsel. 2. Under challenge is the order dated 11.09.2024, whereby the respondent No.2 has admitted the appeal for hearing after disposing of the objections raised by the petitioner regarding maintainability. 3. The submission of the learned counsel for the petitioner is that a specific objection was raised before the Appellate Authority that the order passed by the trial Court was ex-parte and against the said order, under Section 209(h) of the U.P. Revenue Code, 2006, an appeal would not be maintainable only an application for restoration before the Court concerned would be maintainable. 4. It is urged that this aspect of the matter has not been appropriately considered and the Appellate Authority vide its impugned order dated 11.09.2024 has admitted the appeal and in the aforesaid backdrop, the instant petition has been preferred. 5. A specific query was put to the learned counsel for the petitioner that after the impugned order was passed on 11.09.2024, wherein the matter was fixed on 11.10.2024, how the proceedings have been taken forward and what is the status of the appeal as on today. Versus Counsel for Petitioner(s) : Ashutosh Misra, Ziya Ahmad Counsel for Respondent(s) : C.S.C. Smt. Manwati .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Revenue And 6 Others .....Respondent(s)
6. In response, learned counsel for the petitioner has submitted that it has not been brought on record as to the status of the appeal as well as what has been transpired for the past one year. 7. Having considered the aforesaid as well as from a perusal of the material on record, this Court has not find that it is a fit case where this Court may exercise its jurisdiction under Article 227 of the Constitution of India, which is purely discretionary in nature. It is not every error committed by an Authority that is sought to be corrected may goad this Court to entertain a petition. Since, the petition has been filed after more than one year and what has transpired before the Appellate Authority has also not been indicated nor any cogent explanation has been given for the laches.
Thus, for all the aforesaid reasons, this Court is not inclined to entertain the instant petition which is accordingly dismissed leaving it open for the petitioner to get the appeal expedited and heard before the appellate authority concerned. November 28, 2025 Rakesh/- WRIC No. 11519 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench