Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 26375 of 2026 Court No. - 5 HON'BLE VIVEK SARAN, J.
1. Heard Sri Bhaskar Bhadra, learned counsel for the petiitner and learned Standing counsel for the State-respondents.
2. The instant petition has been filed for the following relief:
"(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 20.04.2026 passed by Commissioner, Chitrakoot Dham, Banda in Case No.195 of 2015 (Computer Case No.C2015070000195) (Guljari vs. Shankardas & others), U/s 331(3) of U.P.Z.A. & L.R. Act."
3. Learned counsel for the petitioner submits that the appeal of one Guljari has been allowed by the respondent no.2 vide order impugned without recording any cogent reasons and therefore, has erred in law by allowing the appeal and permitting the respondents to press the recall application. He further submits that the said application has also not been accompanied by any separate application for continuation of appeal.
4. Per contra, learned Standing Counsel for the State-respondents has submitted that no prejudice has been caused to the petitioner as the appellate order is a simplicitor remand order and the petitioner is having all rights to present this case before the said authority.
5. Having heard learned counsel for the parties and having perused the record, it is clear that the order impugned is a remand order which only Versus Counsel for Petitioner(s) : Bhaskar Bhadra, Rajveer Chaurasiya Counsel for Respondent(s) : C.S.C. Shankardas .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
permits hearing of the recall application afresh on its merits. Thus, the petitioner is having liberty to raise all objections including the maintainability of the application before the said authority.
6. In such above view of the matter, this Court finds that there is no error in the order impugned and the writ petition is accordingly, dismissed.
7. However, the petitioner is at liberty to file a detailed objection before the concerned authority and if such an objection is filed before the respondent no.2, the same shall be considered while deciding the restoration application dated 08.09.2014. September 23, 2026 Deepika WRIC No. 26375 of 2026 2 (Vivek Saran,J.) Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad