RAJESH KUMAR CHAURASIYA v. STATE OF U.P. AND 4 OTHERS
WRIC/5352/2025 · 2025-03-03
S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19552 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19552 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:30724 Court No. - 37 Case :- WRIT - C No. - 5352 of 2025 Petitioner :- Rajesh Kumar Chaurasiya Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pramod Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Pramod Kumar Srivastava, learned counsel for the petitioner, Sri Avadhesh Kumar Patel, learned Standing Counsel for the State-respondents and perused the record. 2. By means of present writ petition, the petitioner has challenged orders dated 12.12.2024 and 23.10.2019 passed by respondent no.3 - Naib Tehsildar, Atharwan, Tehsil Manjhanpur, District Kaushambi. 3. Contention of learned counsel for the petitioner is that learned court below has rejected the restoration application dated 19.06.2024 filed by the petitioner vide order dated 12.12.2024 holding that the matter being of summary nature warranted no interference. He further submits that the reasons for delay in filing the said restoration application as placed before the learned court below has not been correctly appreciated by the court while passing the impugned order dated 12.12.2024. 4. Learned Standing Counsel appearing on behalf of the State has raised an objection regarding the maintainability of the present writ petition on the ground of availability of statutory remedy to the petitioner under Section 210 of the U.P. Revenue Code, 2006. 5. Learned counsel for the petitioner after arguing the matter at some length states that he does not want to press the present writ petition any more and prayed that the same be disposed of with the liberty to the petitioner to prefer revision under Section 210 of the U.P. Revenue Code, 2006 before the appropriate Court. 6. Taking into consideration the above-noted statement and the prayer made by learned counsel for the petitioner, this Court without adverting on merits of the case, deems it appropriate to finally dispose of the present writ petition with liberty to the
petitioner to file a revision under Section 210 of the U.P. Revenue Code, 2006 challenging the impugned order dated 12.12.2024. 7.
In case, the aforesaid revision is filed by the petitioner within a period of three weeks from today, the revisional Court shall decide the said revision on merits, strictly in accordance with law, after affording opportunity of hearing to the parties concerned, expeditiously and preferably within a maximum period of six months from the date of filing of the aforementioned Revision along with a certified copy of this order. It is hereby provided that the Revisional Court shall entertain the aforesaid Revision by taking a lenient view regarding condonation of delay while dealing with the question of statutory limitation period. 8. With the aforesaid direction, the present writ petition is
disposed of.
Order Date :- 4.3.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad