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2025 DAILYLAW 67091 (ALL)

SHYAM BIHARI v. State of UP AND 2 OTHERS

WRIC/31259/2024 · 2025-07-30

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:127779 Court No. - 35 Case :- WRIT - C No. - 31259 of 2024 Petitioner :- Shyam Bihari Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Vishnu Kant Tiwari Counsel for Respondent :- C.S.C. And Case :- WRIT - C No. - 25487 of 2023 Petitioner :- Jagatraj Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Vishesh Kumar Counsel for Respondent :- C.S.C.,Deepak Gaur,Vishnu Kant Tiwari Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Vishnu Kant Tiwari, learned counsel for the petitioner appearing in the leading writ petition. Sri Vishesh Kumar, learned counsel appearing for petitioner in the connected Writ-C No. 25487 of 2023 and Sri Vishnu Kant Tiwari, learned counsel appearing for the private respondent, Sri Jitendra Narain Rai, learned Additional Chief Standing Counsel appearing on behalf of the State-respondents and Sri Deepak Gaur, learned counsel for the Gaon Sabha. 2. This Court vide order dated 16.07.2025 called for the record of Writ-C No. 25487 of 2023. The record of the aforesaid writ petition is available before the Court today. 3. By means of the present writ petition being Writ-C No. 31259 of 2024, the petitioner has challenged the order dated 20.10.2023 passed by learned Collector, Jalaun (respondent no. 2) in Case No. 1149 of 2023 (Shyam Bihari Vs. Gram Panchayat and others) wherein learned Collector, Jalaun has abated the proceeding under Section 30 of the U.P. Revenue Code, 2006 on the ground of pendency of Writ-C No. 25487 of 2023 wherein the order dated 25.11.2022 is under challenge. 4. After hearing the matter at some length, learned counsels and the parties present before this Court have agreed that both the writ petitions be decided together at this stage without inviting counter affidavit. 5. Sri Vishesh Kumar, learned counsel appearing on behalf of the petitioner in Writ-C No. 25487 of 2023 (Jagatraj Vs State of U.P. & others) submits that the order dated 25.11.2022 is an ex-parte order as the same was passed without affording any opportunity of hearing to the petitioner namely Jagatraj who was respondent in the aforesaid revision. 6. From the perusal of the order dated 25.11.2022, it is revealed that only this much has been observed therein that despite information, the opposite party in that revision did not appear before the revisional court. However, there is nothing on record to indicate that the notices were ever issued to the respondents by the learned Additional Commissioner in the revisional proceeding having Revision No. 00608 of 2020 (Shyam Bihari Vs. Jagat Raj & others). 7. The second contention as advanced by Sri Vishesh Kumar is that the objection which was filed before the learned Collector in the proceeding under Section 30 of the U.P. Revenue Code, 2006 was also ignored by the revisional court while passing the order dated 25.11.2022. 8. In view of the above, the impugned order dated 25.11.2022 passed in Revision No. 00608 of 2020 (Shyam Bihari Vs. Jagatraj & others) under Section 210 of the U.P. Revenue Code, 2006 is set aside. 9. Accordingly, without adverting on the merits of the case, the writ petition being Writ-C No. 25487 of 2023 is disposed of with a direction to the learned Additional Commissioner (Judicial) (respondent no. 2) to decide the matter afresh after affording full opportunity to the contesting parties and after taking into consideration the pleas of the parties raised therein while deciding the said revision afresh. 10. As a consequence of the same the order dated 20.10.2023 passed in Revision No. 1149 of 2023 (Shyam Bihari Vs. Gram Panchayat and others) is also set aside. 11. In view of the above, this Court finds it appropriate to direct the parties to appear before the revisional court on the next date of hearing along with certified copy of this order and the learned revisional court shall decide the matter as expeditiously as possible, within the statutory period as provided under the U.P. Revenue Code, 2006. It is further directed that no unnecessary adjournments shall be granted to either of the parties except in exceptional circumstances 12. Accordingly, the writ petition being Writ-C No. 31259 of 2024 is allowed. Order Date :- 31.7.2025 Arif Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad