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2025 DAILYLAW 56037 (ALL)

JAGRAM v. STATE OF U.P. AND 7 OTHERS

WRIC/15095/2025 · 2025-05-19

Prakash Padia

body2025

Judgment text

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Court No. - 33 Case :- WRIT - C No. - 15095 of 2025 Petitioner :- Jagram Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Abhishek Goswami,Tripathi B.G. Bhai Counsel for Respondent :- C.S.C.,Santosh Kumar Verma Hon'ble Prakash Padia,J. 1. Order dated 04.01.2025 passed by the respondent no.2-Sub Divisional Officer/Prescribed Authority, Khalilabad, Sant Kabir Nagar in the proceeding initiated under Rule 6-A of U.P. Panchayat Raj (Maintenance of Family Registers) Rules, 1970. 2.Aggrieved against the aforesaid, the private respondent Nos. 5 to 8 in the present writ petition filed recall application on 08.01.2025. On the said application itself, an order was passed by the respondent no.2, recalling the order dated 04.01.2025 vide order dated 08.01.2025. Subsequent to the same, fresh order has been passed by the respondent no.2 on 04.03.2025 by which matter was heard on merits. Relevant portion of the order dated 04.03.2025 is extracted below:- "आददेश अततत अपपील ददनननांक 03.09.19 09.19 लगभग 18 वरर कनलबनधधित व बलहपीन हहोनदे कदे कनरण दनरस्त दकयन जनतन हहै एवनां खदेदद पपुत्र रनमननन्द कक ममृत्यपु ददनननांक 05.09.2001 कक पपुदष्टि कक जनतपी हहै एवनां लदेखपनल कक ररपहोरर ददनननांक 09.12.2022 गलत व एकपकपीय हहोनदे कदे कनरण दनरस्त कक जनतपी हहै। सहनयक दवकनस अधधिकनरपी (पनां०) खलपीलनबनद कहो आददेश कक एक प्रदत भदेजपी जनय। वनद आवश्यक कनयरवनहपी पत्रनवलपी दनधखल दफ्तर हहो।" 3. It is argued by Sri Tripathi B.G. Bhai, learned counsel appearing on behalf of the petitioner that orders dated 04.01.2025, 08.01.2025 and 04.03.2025 passed by the respondent no.2 are illegal and liable to be set aside. 4. On the other hand, it is argued by Sri Santosh Kumar Verma, learned counsel appearing on behalf of the private respondent nos. 5 to 8 that cogent findings were recorded by the Sub Divisional Officer/Prescribed Authority, Khalilabad, Sant Kabir Nagar while passing the aforesaid orders, hence, no interference call for by this Court under Article 226 of the Constitution of India. 5. Heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of the State-respondents, learned counsel appearing on behalf of the private respondents and perused the record. 6. From the perusal of record, it transpires that in the proceeding initiated by the petitioner under Section 6-A of U.P. Panchayat Raj (Maintenance of Family Registers) Rules, 1970, an order was passed in favour of the petitioner on 04.01.2025. Without assigning any reason and without providing an opportunity of hearing to the petitioner, the aforesaid order was recalled on 08.01.2025. 7. While going through the aforesaid, it is very surprised that how and in what manner, the respondent no.2 pass such kind of order and ultimately final decision has been taken in the aforesaid proceeding by the respondent no.2 and passed the order dated 04.03.2025. 8. From the perusal of record, this Court is of the prima facie opinion that orders dated 04.01.2025, 08.01.2025 and 04.03.2025 were passed without giving any opportunity of hearing. Apart from the same, aforesaid orders are non speaking orders. 9. Considering the facts and circumstances of the case and also in the interest of justice, the orders dated 04.01.2025, 08.01.2025 and 04.03.2025 are hereby set aside. Respondent no.2-Sub Divisional Officer/Prescribed Authority, Khalilabad, Sant Kabir Nagar is directed to pass fresh order after providing opportunity of hearing to all the parties concerned most expeditiously and preferably within three months from the date of production of a certified copy of this order. 10. With the aforesaid observations, present writ petition is allowed. Order Date :- 20.5.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad