Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 96769 (ALL)

RAMJI v. STATE OF U.P. AND 2 OTHERS

SPLA/866/2025 · 2025-09-18

Arun Bhansali, Kshitij Shailendra

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 866 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This appeal is directed against order dated 11.08.2025 passed in Writ - C No. 21405 of 2025, whereby learned Single Judge disposed of the writ petition. 2. The writ petition was filed seeking implementation of order dated 14.03.2022 passed in Suit No. 908 of 2018 under Section 24 of the U.P. Revenue Code, 2006 ('Code') by the appellant against the Gaon Sabha for installation of the pillar in boundary line. 3. When the matter came up before the Court, apparently certain instructions were produced to indicate that a restoration application is pending consideration in the proceedings decided under Section 24 of the Code, based on which, the learned Single Judge directed decision of the restoration application within a period of one month from the date of production of the certified copy of the order and disposed of the writ petition. It was made clear that court had not adjudicated the case on merit. 4. Counsel for the appellant attempted to make submissions that filing of the restoration application was mala fide inasmuch as the same was filed after instructions were called in the writ petition by leaned Single Judge and that the application has been filed by the person, who had appeared in the proceedings only with a view to frustrate the implementation of the Versus Counsel for Appellant(s) : Gopal Ji Rai, Santosh Kumar Singh, Man Bahadur Singh Counsel for Respondent(s) : C.S.C., Jagdish Pathak (S.C.), Rameshwar Prasad Shukla Ramji .....Appellant(s) State of U.P. and 2 others .....Respondent(s) order passed on 14.03.2022. 5. The plea sought to be raised by the petitioner, needs to be raised in the restoration application, which is pending consideration before the Competent Authority. 6. The challenge laid to filing of the restoration application cannot be countenanced in the present proceedings. So far as the order passed by the learned Single Judge is concerned, once fact of pendency of the restoration application was before the Court, frustrating the said proceedings no direction could have been issued by the Court for implementation of the order dated 14.03.2022. 7. In that view of the matter, we do not find any reason to interfere with the order dated 11.08.2025, passed by learned Single Judge. 8. The appeal is, therefore, dismissed. September 19, 2025 Mukesh Pal/Jyotsana SPLA No. 866 of 2025 2 (Kshitij Shailendra,J.) (Arun Bhansali,CJ.) Digitally signed by :- MUKESH PAL High Court of Judicature at Allahabad