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Neutral Citation No. - 2025:AHC:29068 Court No. - 34 Case :- WRIT - C No. - 6050 of 2025 Petitioner :- Rampujan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Achche Lal Singh Yadav Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :-
"To, issue a writ, order or direction in the nature of certiorari quashing the order impugned dated 10.02.2025 passed in revision No.239 of 2025 (Rampujan Vs. Gaon Sabha and others), order dated 26.07.2021 passed by the respondent no.3 as well as
order dated 28.11.2014 passed by the respondent no.4. (Annexure-1,2&3) (b) To, issue a writ, order or direction in the nature of mandamus directing the respondents not the petitioner question."
3. Contention of learned counsel for the petitioner is that against the order passed u/s 122B of the U.P.Z.A. & L.R. Act, revision was filed by the petitioner which was pending. During Covid -19 period on 26.7.2021, revision was dismissed in default. Counsel, who was appearing for the petitioner, also died during Covid-19 period and therefore, petitioner had no knowledge about the order passed. After coming to know about the order, petitioner filed a restoration application wherein petitioner has explained the delay in detail. Restoration application filed by the petitioner has been dismissed by order dated 10.2.2025.
4. Learned Standing Counsel though opposed the submissions made by
learned counsel for the petitioner but could not deny the fact that the order impugned was passed in Covid-19 period and the grounds taken by the petitioner has not been considered. It has been further contended by learned Standing Counsel that no useful purpose would be served in keeping this writ petition pending and it may be directed that revision itself be decided by respondent no.3 on merits.
5. In view of the above, the order dated 10.2.2025 as well as 26.7.2021 passed by respondent No.3 are hereby quashed. Accordingly, the writ petition is allowed. Respondent No.3 is directed to consider the above-
mentioned revision filed by the petitioner and decide the same, in accordance with law, expeditiously, preferably within three months from the date of production of a certified copy of this order after ensuring notice of service upon the respondent and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment.
Order Date :- 3.3.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad