ANSH MINOR AND 7 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIC/14535/2025 · 2025-05-07
Manish Kumar Nigam
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 48931 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48931 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:74291 Court No. - 35 Case :- WRIT - C No. - 14535 of 2025 Petitioner :- Ansh Minor And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Dwivedi,Santosh Kumar Shukla Counsel for Respondent :- C.S.C.,Deepak Gaur Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. The instant writ petition has been filed for the following relief:
"Issue a writ, order or direction in the nature of certiorari quashing the
Judgment and order dated 03.01.2025, passed by Sub Divisional Officer, Tehsil & District Lalitpur in case No. 4354 of 2024, computerized Number T202406450104354 (Gram Sabha Panari Vs Anupa, Sovran singh, Ganeshi and others) under section 38(5) of the U.P. Revenue Code 2006."
3. Contention of the learned counsel for the petitioners is that an order dated 03.01.2025 has been passed under Section 38(5) of the U.P. Revenue Code, 2006 expunging the revenue entry in favour of the petitioners. It has been further contended by learned counsel for the petitioner that before passing the order impugned, no notice was given to the petitioners.
4. Learned Standing Counsel has submitted that a finding has been recorded by respondent no. 2 that notice was issued and publication was also made but no objections were filed. Learned Standing Counsel further submitted that in case, the
order impugned is ex-parte and the petitioners have no information about the proceedings, they can file an application under Section 209 (H) of the U.P. Revenue Code, 2006 or can also file revision against the order impugned.
4. No useful purpose would be served in keeping this petition pending.
5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of with liberty to the petitioners to avail the remedy as available to them under law.
6. In case, application under Section 209(H) of the U.P. Revenue Code, 2006, is filed by the petitioners within two weeks, the same shall be considered and decided by respondent no. 2, in accordance with law, expeditiously, preferably within a
period of next six weeks after ensuring service upon all the opposite parties and giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment.
Order Date :- 8.5.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad