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2025 DAILYLAW 25178 (ALL)

RAM BRIKSH v. STATE OF U.P. AND 3 OTHERS

WRIC/7179/2025 · 2025-04-24

Anish Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:64256 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 208) Court No. - 53 Case :- WRIT - C No. - 7179 of 2025 Petitioner :- Ram Briksh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjeev Kumar Yadav Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Pramod Kumar Maurya, Advocate holding brief of Sri Sanjeev Kumar Yadav, learned counsel for the petitioner, Sri Sudhir Bharti, learned counsel for the Gaon Sabha and Sri Rajesh Kumar, learned Standing Counsel for the State. 2. A preliminary objection has been raised by the respondents that against the impugned order passed under Section 67, alternative remedy of appeal is provided under Section 67(5) of U.P. Revenue Code, 2006. 3. Learned counsel for the petitioner however submits that in view of the provisions of Section 209H, the appeal is barred against an ex parte order and he submits that the petitioner tried to file restoration application against the impugned order dated 22.3.2023; however, the same is not accepted by respondent no. 3. 4. In view thereof, the instant petition is disposed of with a direction to respondent no. 3 that if any restoration application is filed by the petitioner within two weeks from today along with certified copy of the instant order, the same shall be accepted and dealt with in accordance with law. Order Date :- 25.4.2025 Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad