Partly allowed

Amroola and 4 Others v. Addl. Commissioner, Administration Ii,Devi Patan Mandal Gonda and 3 Others

Allahabad HC3 Jan 2024/4668/2022

Case brief

AI extract

What is this about?

The High Court set aside a revision order dismissing a Section 5 Limitation Act application due to lack of reasons and directions the respondent to pass a reasoned order restoring the petition.

What did the court decide?

The petition was allowed; the impugned order dated 24.06.2022 was set aside; the revision was restored for disposal with reasons.

Amroola and 4 Others Vs Addl. Commissioner… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:953

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Court No. - 8

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Case :- WRIT - C No. - 4668 of 2022

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Petitioner :- Amroola And 4 Others

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Respondent :- Addl. Commissioner, Administration Ii,Devi Patan Mandal Gonda And 3 Others Counsel for Petitioner :- Rama Kant Dixit,Atul Kumar Counsel for Respondent :- C.S.C.,Pankaj Gupta

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioners as well as Dr. Krishna Singh, learned Standing Counsel for the State-respondents.

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By means of the instant petition, the petitioner assails the order dated 24.06.2022 whereby his revision which was accompanied by an application under Section 5 of the Limitation Act has been dismissed without any disclosure or reason.

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It is further urged that while rejecting the application at the admission stage itself and without issuing notice on the application under Section 5 of the Limitation Act, the court concerned even did not look into the ground which was shown by the petitioner. There is no consideration whether the said ground constitutes the sufficient cause or not and thus the order is per se without jurisdiction and is also in violation of principles of natural justice.

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The learned Standing Counsel has refuted the aforesaid submissions but the fact remains that he could not dispute the fact that the impugned order dated 24.06.2022 is bereft of any reasons.

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Considering the facts and circumstances, this Court does not deem fit to call for a counter affidavit in the instant case and is of the opinion that ends of justice can be met by setting aside the order dated 24.06.2022, as a result, the revision shall stand restored on the board of respondent no. 1 who after noticing the parties concerned shall take a decision on the application under Section 5 of the Limitation Act by a reasoned and speaking order.

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It is made clear that the Court has not examined the case of the petitioner on merits and the impugned order has been set aside purely on the ground that it is non-speaking and a non-reasoned

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order.

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With the aforesaid, the petition is allowed.

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Order Date :- 3.1.2024 Asheesh

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Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Amroola and 4 Others v. Addl. Commissioner, Administration Ii,Devi Patan Mandal Gonda and 3 Others

Case brief

What is this about?

What did the court decide?

Amroola and 4 Others v. Addl. Commissioner, Administration Ii,Devi Patan Mandal Gonda and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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