Hameeda Khatoon @ Hameeda Begam Vs State of U.P… — Writ and Judicial Review | Allahabad HC (2025)

Hameeda Khatoon @ Hameeda Begam Vs State of U.P… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with an observation/direction that the Sub Divisional Magistrate, Tehsil Patti, District Pratapgarh shall decide the restoration applications expeditiously, in accordance with law, in compliance of the remand order dated 31.12.2019 passed by the Additional Commissioner Ist, Prayagraj Division, Prayagraj; no interference with the impugned Board of Revenue order.

Issue for consideration

Whether the judgment and order dated 25.04.2025 of the Board of Revenue, U.P. in revision No.1035 of 2020, dismissing the revision filed against the remand order dated 31.12.2019 passed by the Additional Commissioner Ist, Prayagraj Division, contains any illegality warranting interference by this Court in exercise of its extraordinary discretionary writ jurisdiction under Article 226 of the Constitution.

Court's answer

There appears to be no illegality in the dismissal of the revision filed against the remand order passed in revision, as the petitioner will have an opportunity to present his case before the Sub Divisional Magistrate concerned before whom the matter has been remanded.

Ratio / Principle

There is no illegality in the impugned order warranting interference of this Court in exercise of its extraordinary discretionary writ jurisdiction under Article 226 of the Constitution of India.

Key takeaways

The writ petition is disposed of by observing that the Sub Divisional Magistrate, Tehsil Patti, District Pratapgarh shall decide the restoration applications expeditiously, in accordance with law, in compliance of the remand order dated 31.12.2019 passed by the Additional Commissioner Ist, Prayagraj Division, Prayagraj.ratio¶12

Detailed headnote1 paragraphs

Writ petition disposed of. The petitioner's challenge to the judgment and order dated 25.04.2025 of the Board of Revenue, U.P. in revision No.1035 of 2020, which dismissed the revision filed against the remand order dated 31.12.2019 passed by the Additional Commissioner Ist, Prayagraj Division, Prayagraj, did not result in interference: the Court found no illegality in the impugned order warranting intervention under Article 226 of the Constitution, since the petitioner will have the opportunity to present his case before the Sub Divisional Magistrate, Patti, Pratapgarh, before whom the matter was remanded. The Court directed the Sub Divisional Magistrate, Tehsil Patti, District Pratapgarh to decide the restoration applications filed by both parties expeditiously, in accordance with law, in compliance of the remand order dated 31.12.2019.

Neutral Citation No. - 2025:AHC-LKO:35733

Court No. - 2

Case :- WRIT - B No. - 568 of 2025

Petitioner :- Hameeda Khatoon @ Hameeda Begam Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Lko. And 6 Others Counsel for Petitioner :- Akhilesh Kumar Pandey Counsel for Respondent :- C.S.C.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Akhilesh Kumar Pandey, learned counsel for the petitioner and Sri Raj Bux Singh, learned Additional Chief Standing Counsel representing the State-opposite party Nos.1 to 5.

By means of instant petition, the petitioner has challenged validity of judgment and order dated 25.04.2025 passed by the Board of Revenue, U.P. in revision No.1035 of 2020 whereby the revision filed against the remand order dated 31.12.2019 passed by the Additional Commissioner Ist, Prayagraj Division, Prayagraj has been dismissed.

By means of the remand order dated 31.12.2019, the Additional Commissioner Ist, Prayagraj Division, Prayagraj had remanded the matter to the Sub Divisional Magistrate, Patti, Pratapgarh for deciding the restoration applications filed by both the parties, after giving an opportunity of hearing to the parties.

The Board of Revenue has observed that during pendency of the proceedings before the Sub Divisional Magistrate after remand, this Court had issued an order dated 13.09.2021 in Writ Petition No.20215 (MS) of 2021 for expeditious disposal of the matter.

In these circumstances, there appears to be no illegality in dismissal of the revision filed against the remand order passed in revision as the petitioner will have an opportunity to present his case before the Sub Divisional Magistrate concerned before whom the matter has been remanded.

There is no illegality in the impugned order warranting interference of this Court in exercise of its extraordinary discretionary writ jurisdiction under Article 226 of the Constitution of India.

Keeping in view of the aforesaid discussions, the writ petition is disposed of by observing that the Sub Divisional Magistrate, Tehsil Patti, District Pratapgarh shall decide the restoration applications, expeditiously, in accordance with law, in compliance of the remand order dated 31.12.2019 passed by the Additional Commissioner Ist, Prayagraj Division, Prayagraj.

(Subhash Vidyarthi, J.)

Order Date :- 17.6.2025 Shubhankar

Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench