Neutral Citation No. - 2025:AHC:86370 Court No. - 34 Case :- WRIT - C No. - 29882 of 2024 Petitioner :- Smt. Pratibha Arya Respondent :- State Of Up And 9 Others Counsel for Petitioner :- Ashutosh Shukla Counsel for Respondent :- C.S.C.,Niraj Tiwari,Vinay Kumar Singh Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Ashutosh Shukla, learned counsel for the petitioner, Sri, Awadhesh Kumar Patel, learned Standing Counsel for the State-respondents and Sri Niraj Tiwari, learned counsel appearing for the respondent No.5. 2. By means of present writ petition, the petitioner has assailed the order dated 20.08.2024 passed by Commissioner, Jhansi Division, Jhansi (respondent no.2) in Appeal No.667 of 2024 (Smt. Pratibha Arya Vs. Rajendra Kumar and other) and order dated 10.06.2024 passed by Sub-Divisional Officer (Judicial), Jhansi, (respondent no.3) in Case No. 7560 of 2024 (Rajendra Kumar Vs. Rakhi Jain and other) under Section 24 of the U.P. Revenue Code, 2006. 3. It has been brought to the notice of this Court through counter affidavit dated 02.04.2025 filed on behalf of respondent no.6 that the order dated 10.06.2024 has been recalled vide order dated 28.10.2024 passed by Sub-Divisional Officer (Judicial), Jhansi, (respondent no.3) and the proceedings under Section 24 of the U.P. Revenue Code, 2006 was finally concluded by a detailed order dated 25.01.2025. 4. It has also been stated in the counter affidavit that the said order dated 25.01.2025 has been challenged by the respondent No.9 before the Court of Commissioner Jhansi Division Jhansi under Section 24(4) of U.P. Revenue Code, 2006. The said appeal has been registered as Appeal No.164 of 2025 and the next date fixed in the said appeal is 06.06.2025. The memo of said appeal filed alongwith the counter affidavit as Annexure-9 shows that present petitioner namely Smt. Pratibha Arya is the opposite party No.8 in the said appeal. 5. In reply to the said counter affidavit petitioner has filed rejoinder affidavit wherein, it has been categorically stated that the order dated 10.06.2024 said to have been recalled vide order dated 28.10.2024 has not been passed on the application of the petitioner rather the same said to have been rejected on the application of Awadhesh Sharma (respondent No.9). 6. The contention of the learned counsel for the petitioner is that the entire proceeding of recall of the order dated 28.10.2024 and 10.06.2024 was carried out behind back of the petitioner as he was never afforded any opportunity to present this case before the concerned Court. As such, his right has been adversely affected. 7. Taking into consideration the aforesaid facts and circumstances of the case, this Court is of the view that once the order dated 10.06.2024 which has been challenged in the present writ petition has already been recalled by the respondent No.3 may be in any of the proceedings the same has lost its existence and as such, the adjudication in present writ petition in respect of the said order dated 10.06.2024 at this stage does not carry any reason. 8. Further, the order dated 25.01.2025 passed by the Sub- Divisional Officer (Judicial), Jhansi, District-Jhansi passed in case no. 7560/20204 (Rajendra Kumar Vs. Rakhi Jain) is already under challenge before the competent Court under Section 24(4) U.P. Revenue Code, 2006, wherein, present petitioner is also a party. It is open for the petitioner to contest the said appeal by filing an appropriate reply. 9. There is no dispute that the said appeal is fixed for 06.06.2025. The petitioner may appear before the Appellate Court and contest the same by filing appropriate reply and objections, if any. It is expected from the Appellate Court to consider the reply of the petitioner, in accordance with law. 8. With the aforesaid direction, the present writ petition is finally disposed of. Order Date :- 19.5.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad