MOHAMMAD SHAHID AZMI v. STATE OF U.P. AND 9 OTHERS
WRIB/2150/2025 · 2025-08-19
Ajay Bhanot
body2025
DailyLaw.ai
[ 2025 DAILYLAW 63261 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 63261 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 2150 of 2025 Court No. - 50 HON'BLE AJAY BHANOT, J. Heard Shri Dhirendra Singh, learned counsel for the petitioner, learned Standing Counsel for the State-respondents No. 1 to 5, Shri Rameshwar Prasad Shukla, learned counsel for the respondent No. 6 and Shri Prem Narayan Rai, learned counsel assisted by Ms. Nirma Mishra, learned counsel for the respondents No. 7 to 10. Learned Standing Counsel was directed to file a counter affidavit on behalf of the State-respondents. No counter affidavit has been filed and good cause is not disclosed for failure to file the same. The matter is being heard on merits with the consent of the parties. The petitioner is aggrieved by the impugned order dated 20.03.2025 passed by the Settlement Officer Consolidation, Azamgarh in Case No. 0806/2023 (Pradhan Gram Panchayat vs. Shahid Azmi). The specific case of the petitioner is that the impugned order was passed in violation of principles of natural justice. The hearing of the case was preponed by the Settlement Officer Consolidation without notice to the petitioner. The petitioner could not appear on the date fixed for hearing as he had no knowledge or notice of the same. The appeal was heard and decided exparte to the petitioner. The petitioner is Versus Counsel for Petitioner(s) : Dhirendra Singh, J.P. Singh Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla Mohammad Shahid Azmi .....Petitioner(s) State Of U.P. And 9 Others .....Respondent(s)
prejudiced beyond recall as his substantive rights are being disturbed by the impugned order. Specific pleadings have been taken in this regard in the writ petition. Pleadings made in paragraph Nos. 14 and 15 of the writ petition have not been traversed. The aforesaid pleadings are held to be correct on the doctrine of non traverse. Shri Prem Narayan Rai, learned counsel assisted by Ms. Nirma Mishra, learned counsel for the respondents No. 7 to 10 do not dispute the aforesaid submissions. Further the perusal of the impugned order also discloses that the same is exparte to the petitioner. The impugned order having been passed in violation of principles of natural justice is unsustainable in law. The impugned order dated 20.03.2025 passed by the Settlement Officer Consolidation, Azamgarh in Case No. 0806/2023 is liable to be set aside and is set aside.
Without going into the merits, the matter is remitted to the Settlement Officer Consolidation, Azamgarh with the following directions:- 1) The Settlement Officer Consolidation, Azamgarh shall decide the appeal after hearing the parties in accordance with law within a period of four months from the date of receipt of a certified copy of this order. The writ petition is allowed to the extent indicated above. August 20, 2025 Jaswant WRIB No. 2150 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad