Dismissed

Laxmi Prasad and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue, Lucknow and Others

Allahabad HC9 Jan 2024WRIC/96/2024

Case brief

AI extract

What is this about?

This petition challenges an order relating to a demarcation case under the U.P. Land Revenue Act, 1901. The court noted the petitioner filed a time-barred revision without condonation of delay. Finding no scope for interference, the petition was dismissed.

What did the court decide?

Petition dismissed; petitioner may approach the concerned authority for proceedings on merits.

Laxmi Prasad and Others vs State of U.P. Thru. Prin… — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:2078

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Court No. - 8

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Case :- WRIT - C No. - 96 of 2024

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Petitioner :- Laxmi Prasad And Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lucknow And Others Counsel for Petitioner :- Chandra Bhanu Singh Counsel for Respondent :- C.S.C.,Mohan Singh

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioners.

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Notice on behalf of the respondents no.1,2 and 3 has been accepted by the office of the Chief Standing Counsel. Shri Mohan Singh, learned counsel has accepted notice on behalf of respondent no.4.

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Learned Standing Counsel has raised a preliminary objection indicating that in the impugned order, it has been recorded that the petitioner had filed a revision against the order dated 06.06.2005 which was highly time barred and despite the same there was neither an application seeking condonation of delay nor any request was made. In aforesaid circumstance, it cannot be said that there is any error in the order passed by the Additional Commissioner (Judicial), Ayodhya.

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Specific query was put to the learned counsel for the petitioner as to whether there was any prayer for condonation of delay or any application was moved along with the revision.

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The counsel for the petitioner candidly submits that he has filed the certified copy of the memo of revision as Annexure No.8. From of perusal of the same neither there is any clear averment regarding seeking condonatin of delay nor any application for condonation of delay was moved. It is also not disputed that the proceedings initiated were under Section 41 of the U.P. Land Revenue Act, 1901 which is summary in nature.

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In view of the aforesaid fact as well as from the perusal of the impugned order dated 06.06.2023, it is clear that the petitioner while filing the revision did not move any application seeking condonation of delay nor any such averment was made in the memo of revision itself.

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In light of the aforesaid, this Court does not find that there is

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any scope for interference in the impugned order. Accordingly, the petition is dismissed . Since it is an issue of demarcation. Accordingly, the petitioner, if, aggrieved, may take recourse to his own proceedings which in any case shall be decided on its own merit by the authority concerned.

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Order Date :- 9.1.2024 KR/ank

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Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench

Laxmi Prasad and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue, Lucknow and Others

Case brief

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Laxmi Prasad and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue, Lucknow and Others

Case brief

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