This writ petition challenges orders declaring petitioners as encroachers. The court held statutory appeals not maintainable. Petitioners directed to file time-bound recall applications with condoned delay under Art 226.
Recall applications to be filed within three weeks; delay condoned; appeals dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:103565
Court No. - 52
Case :- WRIT - C No. - 14189 of 2023
Petitioner :- Bechan And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Kumar Pandey Counsel for Respondent :- CSC,Sudhir Bharti
Hon'ble Kshitij Shailendra,J.
ground of defence before the appellate court, the appeals have been dismissed on merit. I also find that the appeals were not maintainable in view of the bar contained under Section 209 (h) of the U.P. Revenue Code, 2006.
(i) The statutory appeals being not maintainable in view of Section 209 (h) of the U.P. Revenue Code, 2006, the impugned order dated 16.02.2023 render infructuous and the appeals filed by the petitioners are dismissed as not maintainable.
(ii) The petitioners have alternative remedy of filing recall applications against the order dated 27.06.2022.
(iii) Since, limitation of filing the recall applications has expired, on account of institution of appeals, it is provided that petitioners' recall applications are filed within a period of three weeks from today, the same shall be registered.
(iv) The delay in filing the recall applications is being condoned by this Court in exercise of powers under Article 226 of the Constitution of India read with Section 14 of the Indian Limitation Act, 1963.
(v) The recall applications shall be considered on their own merits and shall be decided within a period of one month from the date of their registration.
Order Date :- 12.5.2023 Jyotsana
Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad
3 issues framed by the court
Whether the statutory appeals filed were maintainable in view of the bar under Section 209(h).
Whether the writ petition should be dismissed or if recall applications should be allowed.
Whether delay in filing recall applications should be condoned.
4 provisions across 3 enactments
Bechan And 2 Others
State Of U.P. And 3 Others
Kshitij Shailendra
Jyotsana Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
