Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:125554
Court No. - 34 Case :- WRIT - C No. - 23418 of 2025 Petitioner :- Lautan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjai Kumar Pandey Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble Rohit Ranjan Agarwal,J. Petitioner claims that an order of eviction was passed against him in proceedings under Section 67 of U.P. Revenue Code, 2006. Against the eviction order, a delayed appeal was preferred by petitioner under Section 67(5) of U.P. Revenue Code, 2006 along with delay condonation application. The said appeal filed by petitioner has been dismissed only on the ground of delay. I have heard learned counsel for the parties and perused the material on record. It is clear that an eviction order has been passed which has been challenged in appeal but the appeal has not been decided on merits and simply on the question of limitation, the appeal has been rejected. In view of said fact, the order dated 09.06.2025 passed by appellate authority is hereby set aside. The matter is remanded back to appellate authority to decide the appeal, strictly on merits, without going into question of limitation, within a period of one month, from the date of production of certified copy of this order. The writ petition stands disposed of. Order Date :- 29.7.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad