Arvind Narayan vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

Arvind Narayan vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only: 24 hours' time granted to the Additional Chief Standing Counsel to seek instructions from the Commissioner, Kanpur Division, Kanpur regarding any revenue orders passed between 02.06.2025 and 07.06.2025; matter put up for 10.06.2025 at 10 a.m. sharp; Office directed to provide a copy of the order to Shri Vijay Shankar the same day.

Issue for consideration

Whether the writ petition is entertainable despite the availability of the statutory appeal under Section 38(4) of the U.P. Revenue Code, 2006, in view of the contention that no applications, appeals or revisions are being heard by the Commissioner, Kanpur Division pursuant to the Commissionary Bar Association letter dated 29.05.2025.

Court's answer

The Court granted 24 hours' time, as prayed by Shri Vijay Shankar, learned Additional Chief Standing Counsel, to seek instructions from the Commissioner, Kanpur Division, Kanpur as to whether the Commissioner/Additional Commissioner allotted revenue work passed any order pertaining to revenue matters between second of June, 2025 and 7th of June, 2025, and if so, to place the same before the Court.

Key takeaways

Observation (in passing) that the Court was very much shocked and surprised as to how the advocates restrained themselves from work during the entire summer vacation.obiter¶9

Detailed headnote1 paragraphs

Interim order of a Single Judge of the Allahabad High Court in WRIT - C No. 19332 of 2025, Arvind Narayan v. State of U.P. and 4 others, decided 9.6.2025 by Prakash Padia, J. The writ petition sought quashing of the order dated 29.05.2025 passed by Respondent No. 3 in Case No. 7575 of 2024 (Gaon Sabha Kakarahi and others vs. Arvind Kumar & others) under Section 38(2) of the U.P. Revenue Code, 2006. Counsel argued that although an appeal lay under Section 38(4) of the Code before the Commissioner of the Division, no applications, appeals or revisions were being heard by the Commissioner, Kanpur Division, Kanpur, as per a letter dated 29.05.2025 of the Commissionary Bar Association. The Court, expressing surprise at advocates restraining themselves from work during the entire summer vacation, granted 24 hours to the learned Additional Chief Standing Counsel to seek instructions whether the Commissioner/Additional Commissioner handling allotted revenue work passed any revenue order between 02.06.2025 and 07.06.2025, and listed the matter for 10.06.2025 at 10 a.m. No final adjudication was made on maintainability or merits.

Court No. - 50

Case :- WRIT - C No. - 19332 of 2025

Petitioner :- Arvind Narayan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kartikeya Saran,Veerendra Kumar Shukla

Counsel for Respondent :- C.S.C.,Hari Narayan Singh

Hon'ble Prakash Padia,J.

Heard Shri W.H. Khan, learned Senior Counsel assisted by Shri V.K. Shukla, learned counsel for the petitioner and learned Standing Counsel appearing on behalf of State-respondents.

The petitioner has preferred the present writ petition inter-alias with the prayer to quash the order dated 29.05.2025 passed by the Respondent No. 3 in Case No. 7575 of 2024 (Gaon Sabha Kakarahi and others vs. Arvind Kumar & others) under Section 38(2) of U.P. Revenue Code, 2006.

It is argued that though against the aforesaid order statutory alternative remedy is available to the petitioner to file an appeal as provided under Section 38(4) of the U.P. Revenue Code, 2006 before the Commissioner of the Division but since in lieu of the letter written by the Commissionary Bar Association to the Commissioner, Kanpur Division Kanpur dated 29.05.2025, copy of which is appended at paper book page 123, as on date no applications / appeals/ revisions are being heard by the Commissioner Kanpur Division, Kanpur.

After hearing counsel for the petitioner and after going through the letter of the Commissionary Bar Association dated 29.05.2025, the Court is very much shocked and surprised that how the advocates have restrained themselves from work during entire summer vacation.

In this view of the matter as prayed by Shri Vijay Shankar, learned Additional Chief Standing Counsel, 24 hours time is granted to seek instructions in the matter from the Commissioner, Kanpur Division Kanpur that whether the Commissioner/ Additional Commissioner before whom the revenue work has been allotted has passed any order pertaining to revenue matters between second of June, 2025 till 7th of June, 2025 and in case any order in this regard has been passed, the same should be

placed before this Court.

Put up tomorrow i.e., 10.06.2025. The matter will be taken up at

10: a.m. sharp.

Office is directed to provide the copy of this order to Shri Vijay Shankar, learned Additional Chief Standing Counsel today itself.

Order Date :- 9.6.2025 Swati

Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad