RAMSHRI DEVI AND 2 OTHERS v. STATE OF U.P. AND 31 OTHERS
WRIC/9887/2025 · 2025-04-06
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36345 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36345 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:49234 Court No. - 35 Case :- WRIT - C No. - 9887 of 2025 Petitioner :- Ramshri Devi And 2 Others Respondent :- State Of U.P. And 31 Others Counsel for Petitioner :- Vishal Khandelwal Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. The instant petition has been filed for the following relief:
"(i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated: 17.2.2025 (Annexure No.1) passed by the respondent no.2-The Additional Commissioner (Judicial), Agra, in Revision No.01942/ 2018 (Computerized no.C201801000001942), as well as order dated: 18.8.2018 (Annexure No.6) passed by the respondent no.3-The Additional District Magistrate (Administration) in case no.RST/6/2008-09 (Computerized No.D201701010009467)."
3. An order under Section 28 was passed in favour of the petitioners on 25.2.2011. A restoration application was filed by the respondents on 15.7.2017 which was allowed by the court below by the order dated 18.8.2018. A categorical finding of fact has been recorded by the court below that service upon the respondents was not found sufficient before passing the order dated 25.2.2011. Contention of learned counsel for the petitioners is that this order has been challenged in the revision by the petitioner and the revision has also been dismissed. Contention of
learned counsel for the petitioners is that the court below ought to have allowed the delay condonation application first and thereafter the order could be recalled.
4. Since, there is finding that the service upon the respondent was not sufficient therefore, I am not inclined to interfere in the matter.
5. The writ petition stands disposed of with liberty to the petitioner to contest the matter before the court below.
Order Date :- 7.4.2025/S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad