Umapati Vs State of U.P. and 34 Others — Allahabad HC (2023) — LawSathi Research

Umapati Vs State of U.P. and 34 Others — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Sub-Divisional Officer, Tehsil Tamkuhiraj, District Kushinagar to conclude the proceedings pursuant to the order dated 26.11.2021, after giving full opportunity of hearing to the petitioner and ensuring her presence on the spot, on or before 31.07.2023.

Issue for consideration

Whether, in view of the recall of the order dated 09.10.2013 by the order dated 26.11.2021 and the fresh directions issued therein, the writ petition seeking implementation of the order dated 09.10.2013 should be disposed of by directing the Sub-Divisional Officer, Tehsil Tamkuhiraj, District Kushinagar to conclude the proceedings pursuant to the order dated 26.11.2021.

Court's answer

Taking into consideration the subsequent development in terms of the order dated 26.11.2021, the writ petition is disposed of.

Ratio / Principle

The proceedings directed to be concluded under the order dated 26.11.2021 shall positively be concluded after giving full opportunity of hearing to the petitioner and ensuring her presence on the spot on or before 31.07.2023.

Detailed headnote1 paragraphs

Allahabad High Court (Kshitij Shailendra, J.; Neutral Citation 2023:AHC:110629) disposed of WRIT - C No. 5395 of 2021 (Umapati v. State of U.P. and 34 others), which sought implementation of a demarcation order dated 09.10.2013. During pendency, on a recall application filed by the State, the order dated 09.10.2013 was recalled vide order dated 26.11.2021, which directed the Area Revenue Inspector to visit the spot on 29.11.2021, prepare the field book etc., submit a report in accordance with law, and posted the matter for hearing on 01.12.2021. Although counsel for the petitioner initially alleged that the recall order was maliciously passed without hearing, he did not press a challenge to it and instead prayed for disposal with directions to the Sub-Divisional Officer, Tehsil Tamkuhiraj, District Kushinagar to conclude the proceedings under the order dated 26.11.2021; the Additional Chief Standing Counsel raised no objection. The Court disposed of the writ petition directing that the proceedings under the order dated 26.11.2021 be positively concluded after giving full opportunity of hearing to the petitioner and ensuring her presence on the spot on or before 31.07.2023.

Neutral Citation No. - 2023:AHC:110629

Court No. - 52

Case :- WRIT - C No. - 5395 of 2021

Petitioner :- Umapati Respondent :- State Of U.P. And 34 Others Counsel for Petitioner :- Juned Alam Counsel for Respondent :- C.S.C.,Sudhir Bharti

Hon'ble Kshitij Shailendra,J.

This Court by order dated 23.02.2021 granted time to the State to obtain instructions as to why demarcation has not been carried out on ground.

A counter affidavit has been filed on behalf of the respondent no.2 annexing therewith certain reports of spot memo and also an order dated 26.11.2021 whereby on a recall application filed on behalf of the State, the order dated 09.10.2013 was recalled with certain directions to the revenue staff.

When this petition was filed, the order dated 09.10.2013 was in existence and direction for its implementation was sought.

Although, learned counsel for the petitioner has argued that the order dated 26.11.2021 has been maliciously passed without hearing the petitioner and by entertaining an application filed by the State during the pendency of the writ petition, after some arguments, learned counsel instead of seeking permission to challenge the said order, states that since the order dated 09.10.2013 has been recalled and further direction has been issued to the Area Revenue Inspector to visit the spot on 29.11.2021 and prepare field book etc and then submit a report in accordance with law and, thereafter, the matter be posted for hearing on 01.12.2021, this petition in the changed circumstances may be disposed of directing the Sub-Divisional Officer, Tehsil Tamkuhiraj, District Kushinagar to conclude the proceedings pursuant to the order dated 26.11.2021.

Learned Additional Chief Standing Counsel has no objection to the aforesaid prayer made by the learned counsel for the petitioner.

In view of the above, the writ petition is disposed of taking into consideration the subsequent development in terms of the order dated 26.11.2021 and it is directed that the proceedings directed to be concluded under the order dated 26.11.2021 shall be positively

concluded after giving full opportunity of hearing to the petitioner and ensuring her presence on the spot on or before 31.07.2023 .

Order Date :- 19.5.2023 AKShukla/-

Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad