Dismissed

Dulare @ Ramdulare and Another v. State of U.P. Thru. Prin. Secy., Revenue Deptt., Lucknow and Others

Allahabad HC5 Sept 2024WRIC/7627/2024

Case brief

AI extract

What is this about?

This single-judge High Court bench dismissed a writ petition challenging the admission of an appeal. The court found no illegality as the appellate authority was aware of a pending recall application. It directed expeditious disposal of the appeal.

What did the court decide?

Partnership of the writ petition was dismissed; directive issued for expeditious disposal of the appealed order by the Commissioner.

Dulare @ Ramdulare and Another vs State of U.P. Thru… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:70091

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Court No. - 19

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Case :- WRIT - C No. - 7627 of 2024

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Petitioner :- Dulare @ Ramdulare And Another Respondent :- State Of U.P. Thru. Prin. Secy., Revenue Deptt., Lucknow And Others

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Counsel for Petitioner :- Ashutosh Mishra,Manoj Kumar Nishad,Paritosh Shukla

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Counsel for Respondent :- C.S.C.,Pankaj Gupta

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Hon'ble Anish Kumar Gupta,J.

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Heard Sri Paritosh Shukla, learned counsel for the petitioners, Sri Pankaj Gupta, learned counsel for the opposite party no.3 and Sri Ram Kumar Maurya, learned Standing Counsel for the State-respondents.

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The instant petition has been filed with the following prayer:

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"i. Issue a Writ, order or direction in the nature of 'Certiorari' quashing impugned order dated 05/03/2024 passed by Learned Commissioner, Devipatan Division, Gonda in Case No. 205/2024, Computerized Case No. C202408000000205, 'Mewalal & Ors. Vs Ramdulare & Ors.', under section 331 (3) of UP Zamindari Abolition and Land Reforms Act, 1950 (Annexure-1), in the interest of justice;

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ii. Issue a Writ, order or direction in the nature of 'Mandamus' commanding and directing the Respondents authorities to comply with order dated 22/01/2024 passed by Learned Atirikt Adhikari-I, Bahraich in Case No. 16/2007-2008, Computerised Case No. D20120815002, 'Ramdulare Vs Mewalal', under section 229 (B) of UP Zamidari Abolition and Land Reforms Act, 1950 (Annexure-2), in the interest of justice."

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The brief facts of the case are that a declaratory suit for declaration and partition was filed by the petitioners herein under Section 229(b) of the UP Zamidari Abolition and Land Reforms Act, which was decreed ex parte in favour of the petitioner vide order dated 22.01.2024, against which the private respondents no. 4 to 10 had filed a recall application and simultaneously the appeal has been filed under Section 331 (3) of the UP Zamidari Abolition and Land Reforms Act. In the appeal, it is alleged by the petitioners that the private respondents have not disclosed that they have filed a recall application against the order dated 22.01.2024.

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Learned counsel for the petitioners submits that an objection

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was filed by the petitioners before the Appellate Court pointing out the aforesaid pendency of the recall application before the court below. Thereafter vide order dated 05.03.2024, the Appellate Court i.e. the Commissioner, Bahraich has admitted the appeal and stayed the operation of the order dated 22.01.2024, against which the instant petition has been filed by the petitioners herein.

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The only grievance of the petitioners is that the said appeal was filed by the private respondents without disclosing of the recall application, which is pending. However, when the order dated 05.03.2024 has been passed admitting the appeal, the Commissioner was fully aware about the pendency of the recall application as has been pointed out before the Appellate Court.

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In view thereof, this Court does not find any illegality in the impugned order dated 22.01.2024, which has been passed by the Commissioner, Bahraich being conscious of the fact of pending of recall application. Therefore, this Court does not find any good reason to entertain the instant writ petition and is accordingly, dismissed.

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At this stage, learned counsel for the petitioners has prayed for a direction for expeditious disposal of the appeal preferred by the private respondents.

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In view thereof, without adverting to the merits of the case, the Commissioner, Bahraich is hereby directed to proceed in the matter as expeditiously as possible.

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Order Date :- 17.10.2024 Ashish pd.

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(Anish Kumar Gupta, J.)

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Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad, Lucknow Bench

Dulare @ Ramdulare and Another v. State of U.P. Thru. Prin. Secy., Revenue Deptt., Lucknow and Others

Case brief

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Dulare @ Ramdulare and Another v. State of U.P. Thru. Prin. Secy., Revenue Deptt., Lucknow and Others

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