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2025 DAILYLAW 94866 (ALL)

SACHIN KUMAR YADAV v. STATE OF UP AND 4 OTHERS

WRIA/13666/2025 · 2025-09-11

Saurabh Shyam Shamshery

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13666 of 2025 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Devottam Pandey, learned counsel for the petitioner and Sri P.K.Mishra, learned Standing Counsel. 2. Impugned order on the face of it is illegal. 3. Even in a case, where the petitioner a Lekhpal has passed an illegal order under the Revenue Code, 2006, aggrieved person has an opportunity to challenge it in accordance with law and only on a ground that an illegal order was passed and a complaint was made by the complainant before the District Magistrate, there is no reason whatsoever to pass a direction for lodging an F.I.R. without any departmental proceedings as well as without putting the petitioner on notice. 4. I find substance in the argument of learned counsel for the petitioner that the impugned order is passed not only at back of the petitioner but it is illegal also. 5. Learned counsel for the respondents has tried to convince this Court, however, in view of above,facts, he failed to do so. 6. In the aforesaid circumstances, impugned orders are set-aside.However, this order will not come in the way if the concerned respondents initiates a disciplinary proceedings against the petitioner if so warrant in the given set of circumstances strictly in accordance with law or aggrieved party takes a legally permissible remedy as provided under the Revenue Code, 2006. Versus Counsel for Petitioner(s) : Devottam Pandey Counsel for Respondent(s) : C.S.C. Sachin Kumar Yadav .....Petitioner(s) State Of Up And 4 Others .....Respondent(s) 7. With aforesaid observations and direction, this writ petition is disposed of. September 12, 2025 SB WRIA No. 13666 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad