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2025 DAILYLAW 21367 (ALL)

SANTOSH v. STATE OF UP AND 5 OTHERS

WRIC/5171/2025 · 2025-03-09

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34433 Court No. - 34 Case :- WRIT - C No. - 5171 of 2025 Petitioner :- Santosh Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Vijay Kumar Mishra Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed for the following reliefs: "a. issue a writ, order or direction in the nature of Certiorari to quash order dated 14.11.2024 passed by the respondent no.2 i.e. Commissioner Gorakhpur Division, Gorakhpur in Case No. 262/33/2001-2002 (Santosh Versus Ram Awadh), Computerized Case No. C200105000001042, under section 333, Uttar Pradesh, Zamindari Abolition & Land Reforms (U.P., Z.A. & L.R.) Act 1950. b. issue a writ, order or direction in the nature of Mandamus directing the respondent authority i.e. respondent no.2 (Commissioner Gorakhpur Division, Gorakhpur) to restore the Appeal No. 262/33/2001-2002 (Santosh Versus Ram Awadh), Computerized Case No. C200105000001042 and decide the case on its merit." 3. Learned counsel for the petitioner contended that in the proceedings under Section 229-B of the U.P.Z.A.&L.R. Act, 1950 an appeal filed by the father of the petitioner was dismissed in default. The petitioner has no knowledge about the order passed in appeal. After coming to know about the order passed in appeal, the petitioner preferred a restoration application, which was dismissed by the order impugned. 4. Learned counsel for the respondents submitted that against the order impugned, the petitioner has alternative remedy of filing a revision. 5. In view of above, I am not inclined to interfere in the matter. 6. Accordingly, the writ petition is disposed of with liberty to the petitioner to avail the remedy of revision against the order impugned. Order Date :- 10.3.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad