FUNDAN SINGH AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIC/379/2025 · 2025-07-30
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5427 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5427 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:128394 Court No. - 34 Case :- WRIT - C No. - 379 of 2025 Petitioner :- Fundan Singh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pradeep Kumar Bhardwaj Counsel for Respondent :- Brajesh Kumar Solanki,C.S.C.,Samrat Vikram Singh,Sunil Kumar Singh Hon'ble Rohit Ranjan Agarwal,J.
1. Proceedings under Section 122B of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter called as "Act of 1950") was initiated against the petitioner which culminated in the order of eviction on 28.12.2022. The petitioner had challenged the said order through revision, which was dismissed on 06.12.2024 solely on the ground that it was filed after 23 months from the date of passing of the order by the Assistant Collector/Tehsildar.
2. Learned counsel for the petitioner submits that the revision may be heard on merits.
3. I have heard learned counsel for the petitioner, learned Standing Counsel for the State, Sri Brajesh Kumar Solanki learned counsel for respondents No.5 to 7 and perused the materiel on record.
4. It is an admitted case that there is a delay of 23 months in filing the revision. The Collector, Bulandshahar had dismissed the revision solely on the ground of limitation without considering the grounds raised therein. As equity demands that, as the petitioner claims to be in possession over the land in dispute for a long period, he should be heard by the revisional authority.
5. In view of the said fact, the order dated 06.12.2024 passed by revisional authority is hereby quashed. The matter is remitted to the revisional authority to decide the revision afresh on merits. The entire exercise shall be carried out by the revisional authority within a period of two months from the date of production of a certified copy of this order.
6. It is made clear that no adjournment shall be granted to the petitioner and the revisional authority shall not go into the question of limitation and shall decide the same strictly in accordance with law.
7. Writ petition stands partly allowed. Order Date :- 31.7.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad