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2025 DAILYLAW 198352 (ALL)

RINA DEVI TIWARI v. TEHSILDAR JUDICIAL, TEHSIL BIKAPUR, AYODHYA AND OTHERS

A227/7373/2025 · 2025-12-19

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 7373 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard learned counsel for the petitioner as well as learned Standing Counsel for the State respondent no.1. 2. In view of the order proposed to be passed, requirement of issuance of notice to private respondents are hereby dispensed with. 3. Instant petition has been filed by the petitioner praying for direction to the respondent No. 1 to consider and deciding the Recall Application dated 03.06.2025 as well as mutation application in mutation Case No. 1569 of 2023 and computerized Case No. T-20230423/301569 (Rina Devi Tiwari Vs. Suresh Dutt) under Section 34 U.P. Revenue Code 2006 filed by the petitioner which is pending before opposite party no.1. 4. It has been submitted by learned counsel for petitioner that the recall application as well as mutation application is pending since 2023 and the order-sheet annexed by the petitioner is from 204 which indicates that no proceedings could take place due to call for boycott of the local bar association . The facts which are evident from the order- sheet indicates that there is frequent call by the local bar association which in fact is deprecated by this Court considering the judgment of Hon'ble Supreme Court in the case of Ex-Capt. Harish Uppal Vs. Union of India and another reported in 2003 (2) SCC 45 and it is noticed that even the recall application as well as mutation application is not being considered and decided because of the call for boycott. 5. Such an action of the local bar association may amount to criminal contempt being a direct conflict with the judgment of Hon'ble Supreme Court and this Court leave it open for the petitioner to invoke the said jurisdiction in case they are so legally advised. 6. The present writ petition is disposed of with a direction to respondent No. 1/ Tehsildar (Judicial), Tehsil Bikapur, District Ayodhya a to consider and decide Versus Counsel for Petitioner(s) : Sudhir Kumar Rai Counsel for Respondent(s) : C.S.C. Rina Devi Tiwari .....Petitioner(s) Tehsildar Judicial, Tehsil Bikapur, Ayodhya And Others .....Respondent(s) the Recall Application dated 03.06.2025 as well as mutation application in mutation Case No. 1569 of 2023 and computerized Case No. T-20230423/301569 (Rina Devi Tiwari Vs. Suresh Dutt) under Section 34 U.P. Revenue Code 2006 filed by the petitioner, expeditiously, say, within a period of six months from the date a certified copy of this order is produced before him in case there is no legal impediment and subject to cooperation of the petitioner. 7. Learned counsel for petitioner undertakes that petitioner shall appear on all the dates fixed before concerned authority irrespective of the call for boycott and in case any person creates impediment in appearance this Court grants him liberty to file an application for criminal contempt. 8. With the aforesaid directions, the writ petition stands disposed of. 9. The petitioner shall serve a copy of this order to the President and Secretary of local bar association for their compliance. December 19, 2025 Muk A227 No. 7373 of 2025 2 (Alok Mathur,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench