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2025 DAILYLAW 197226 (ALL)

SMT. MANJU DEVI AND 2 OTHERS v. ADDITIONAL COMMISSIONER, ADMINISTRATION II, DEVI PATAN DIVISION, GONDA AND OTHERS

WRIC/9936/2025 · 2025-10-10

Jaspreet Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9936 of 2025 Court No. - 6 HON'BLE JASPREET SINGH, J. Heard learned counsel for the petitioners. Notice on behalf of respondent nos. 1has been accepted by the office of the learned Chief Standing Counsel. Sri Pankaj Gupta, learned counsel has accepted notice on behalf of respondent no. 34. In view of the order proposed by the Court, notice to the respondent nos. 2 to 33 is dispensed with. By means of the instant petition, the petitioner seeks quashing of the order dated 03rd September, 2025. It is urged that the proceedings were initiated under Section 41 of the U.P. Land Revenue Act, 1901 and the same came to be decided on 09.03.2016. Inadvertently, an application under Section 24 (4) of the U.P. Revenue Code, 2006 came to be filed, however, the petitioners in order to rectify the error have moved an application for amendment which has been rejected by means of order dated 03rd September, 2025 which is under challenge here. The submission of learned counsel for the petitioner is that primarily against the order dated 03.09.2016 under Section 41 of the U.P. Land Revenue Act, 1901, the petitioner ought to have filed a revision, however, though, the attempt was the same to get the same rectified through an amendment which has been rejected. It should have been left open for the Versus Counsel for Petitioner(s) : Umesh Chandra Counsel for Respondent(s) : C.S.C., Pankaj Gupta Smt. Manju Devi And 2 Others .....Petitioner(s) Additional Commissioner, Administration Ii, Devi Patan Division, Gonda And Others .....Respondent(s) petitioner to move an appropriate application as the Authority who has to decide either the revision under the Act of 1901 or the appeal would be the same. Having considered the aforesaid submissions and from the perusal of the material on record, it is not disputed that the proceedings were initiated under Section 41 of the U.P. Land Revenue Act, 1901 against an order impugned, the revision would lie and in case if the revision lies before the same Authority, it will be open for the petitioner move an appropriate application which shall be considered by the court concerned on its own merit. Wit the aforesaid observations, it is stated that this Court is not inclined to entertain the present petition. Accordingly, the present petition is disposed of. October 10, 2025 Asheesh WRIC No. 9936 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench