Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 193452 (ALL)

MUKESH KUMAR SINGH v. STATE OF U P AND 4 OTHERS

WRIC/23374/2021 · 2025-10-12

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 23374 of 2021 Court No. - 2 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. The petitioner has preferred the present petition with the following prayers:- i. a writ order or direction in the nature of Mandamus directing the respondent No.4 to restore the possession of petitioner over the Arazi No.379/1 Area about 035 Kadi, Mauja Sidhari, District-Azamgarh. ii. a writ order or direction in the nature of Mandamus directing the to provide respondent no.4 compensation for demolishing the house of petitioner without providing any opportunity for objection to the petitioner. 2. Facts in brief as contained in the writ petition are that proceedings were initiated against the father of the petitioner under Section 67 of the U.P. Revenue Code, 2006 by filing Case No.037979/2019 (Computerized Case No.R201915060103979) (Report Vs.Sidhnath) in which an ex-parte order has been passed by the respondent No.4/Tehsildar, Sadar District Azamgarh against the father of the petitioner on 17.07.2019. Since the aforesaid order has been passed in an ex-parte manner, a Recall Application has been filed by the father of the petitioner on 30.07.2019 Versus Counsel for Petitioner(s) : Ganesh Mani, Uma Shankar Singh Counsel for Respondent(s) : C.S.C. Mukesh Kumar Singh .....Petitioner(s) State Of U P And 4 Others .....Respondent(s) which was rejected by the respondent No.4 vide order dated 21.01.2021. Aggrieved with the aforesaid order, the petitioner filed statutory appeal as provided under Sub Section (5) of Section 67 of Revenue Code, 2006 by the father of the petitioner on 10.02.2021, copy of the same is appended as Annexure No.5 to the writ petition. 3. It is argued by Sri Uma Shankar Singh, learned counsel for the petitioner that the aforesaid appeal was dismissed in default by the Court below due to non-presence of the appellant. 4. Though large number of arguments were made by learned counsel for the petitioner in support of the present petition but ultimately, a prayer has been made to the dismiss the present petition as not pressed with liberty to the move recall application in the appeal filed by the father of the petitioner. 5. Accordingly, the writ petition is dismissed as not pressed with liberty as prayed. October 13, 2025 saqlain WRIC No. 23374 of 2021 2 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad