Partly allowed

Smt. Ramwati v. State of U.P. and 2 Others

Allahabad HC12 Aug 2021WRIC/14228/2021

Case brief

AI extract

What is this about?

The High Court, by Writ Petition, granted the petitioner a last opportunity to adduce oral evidence by fixing a specific date. The impugned orders closing the evidence and rejecting the recall application without reasons were quashed, and the matter remitted to the evidence officer.

What did the court decide?

Impugned orders quashed; writ petition disposed of; matter remitted to Naib Tehsildar to record oral evidence on 26.08.2021.

Smt. Ramwati Vs State of U.P. and 2 Others — Service and Employment | Allahabad HC (2021)

¶1

Court No. - 32

¶2

Case :- WRIT - C No. - 14228 of 2021

¶3

Petitioner :- Smt. Ramwati Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gaurav Sisodia Counsel for Respondent :- C.S.C.

¶4

Hon'ble Rohit Ranjan Agarwal,J.

¶5

Heard Sri Gaurav Sisodia,learned counsel for the petitioner and learned Standing Counsel for respondents -State.

¶6

It is contended that Naib Tehsildar on 25.10.2017 had closed the oral evidence to be adduced on behalf of petitioner as no one had appeared. An application for recall of the order was moved on 31.10.2017 on the ground that witness Om Prakash was ill and could not attend the Court. This fact was brought to the notice of the Court orally by the husband of the petitioner, but, on the same date, the application was rejected without disclosing any reason. Against the said order, a revision was preferred. The revisional authority, after noting that petitioner had absented on eight occasions and had not placed any evidence as such Naib Tehsildar has rightly closed the evidence and proceeded in the matter.

¶7

Having heard counsel for the parties and perusal of material on record, I find that the application for recall of the order dated 25.10.2017 was immediately moved and the same was rejected by Naib Tehsildar without any reason though the revisional authority had observed in his order that the petitioner had not adduced any evidence before the authority on various dates and had avoided to give oral evidence.

¶8

However, in the interest of justice, the petitioner is granted last opportunity fixing 26^th August, 2021 as the date for adducing oral evidence before Naib Tehsildar. In case, on the said date, petitioner does not appear before the authority concerned, the authority shall be at liberty to proceed further in the matter closing the evidence of petitioner.

¶9

With the aforesaid direction, the orders impugned dated

¶10

25.10.2017 and 31.10.2017 passed by respondent No.3 and

¶11

10.08.2020 passed by respondent No.2 are hereby quashed. The matter is remitted to the Naib Tehsildar to record oral evidence on the date mentioned above.

¶12

Writ petition stands disposed of.

¶13

Order Date :- 12.8.2021 Kushal

Smt. Ramwati v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Smt. Ramwati v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Smt. Kalawati Vs State of U.P. and 4 Others

Raj Pratap Singh Vs State of U.P. and 3 Others

Vikas Singh Vs State of U.P. through Collector and 2 Others

Imtiyaz Ahmad Vs State of U.P. and 4 Others

Anil Kumar Gupta Alias Babban Vs State of U P and 4 Others

C/M Shree Parmanand Smarak Purva Madhyamik Vidyalaya and Another Vs Uttar Pradesh Basic Shiksha Parishad and 4 Others