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2025 DAILYLAW 30294 (ALL)

RAM VILAS YADAV v. ADDITIONAL COMMISSIONER GORAKHPUR MANDAL, GORAKHPUR AND 7 OTHERS

WRIC/8587/2025 · 2025-04-07

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50071 Court No. - 35 Case :- WRIT - C No. - 8587 of 2025 Petitioner :- Ram Vilas Yadav Respondent :- Additional Commissioner Gorakhpur Mandal, Gorakhpur And 7 Others Counsel for Petitioner :- Arun Kumar Verma 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. The writ petition has been filed for the following relief: "Issue a writ, order or direction in the nature of certiorari quashing the order dated 18.01.2025 (Annexure No.1) passed by the Additional Commissioner (Respondent No. 1) in computer Case No. C201805000002512 (Mu. Maharaji Vs. Sarvanand and others), District Deoria." 3. Brief facts of the case are that against the order dated 04.01.2001 passed by the Commissioner, Gorakhpur Mandal, Gorakhpur in Revision No. 139 of 1999 a restoration application was filed by the petitioner and the same has been dismissed by the order impugned. Against the order dated 21.01.1999 the mother of the petitioner filed a revision which was ultimately dismissed as not pressed by the order dated 04.01.2001 on an application moved by the revisionist who happens to be the mother of the present petitioner. After the death of mother of the petitioner, the petitioner has filed this recall application. 4. Learned counsel for the petitioner could not point out under what right the petitioner has right to get an order recalled which has been passed on an application filed by his mother, after her death. The petitioner have steps into the shoes of his deceased mother and no independent right except of rights his mother have. 5. In view of the above discussion, this Court is of the considered opinion that the court below has not committed any illegality. 6. Accordingly, the writ petition is dismissed. Order Date :- 8.4.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad