Dayaram and 3 Others vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Dayaram and 3 Others vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim measures only: respondents given four weeks to file counter affidavit (rejoinder, if any, within two weeks thereafter) and both parties directed to maintain status quo till the next date of listing; no final relief was granted in this order on the prayers for quashing the Section 67 orders or for prevention of dispossession.

Issue for consideration

Whether the three judgments/orders under Sections 67 and 67(5) of the U.P. Land Revenue Code, 2006 (dated 25.04.2018, 09.01.2024 and 21.12.2024), contended to have been passed without adequate notice and opportunity with the proceedings concluded within nineteen days, are liable to be quashed by writ of certiorari, and whether the petitioners should meanwhile be protected by writ of mandamus from dispossession from the disputed land and their houses at Village Gurah, Pargana and Tehsil Najibabad, District Bijnor.

Court's answer

The court observed that the matter requires consideration and took no decision on the merits of the petition; adjudication was deferred to a future date of listing.

Ratio / Principle

Four weeks' time was granted to the respondents to file a counter affidavit, with any rejoinder affidavit to be filed within two weeks thereafter, and the matter to be listed thereafter.

Key takeaways

Until the next date of listing, both parties were directed to maintain status quo (interim protection pending consideration of the petition, relevant to the prayer against dispossession).ratio¶14

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 34) — Writ-C No. 2532 of 2025, Dayaram And 3 Others v. State Of U.P. And 3 Others — interim order dated 18.2.2025 by Manish Kumar Nigam, J. The petition seeks (i) a writ of certiorari quashing three judgments/orders under the U.P. Land Revenue Code, 2006 — dated 25.04.2018 (Case No. 01223 2018, Gaon Sabha Vs. Dayaram and others, respondent No. 3), 09.01.2024 (RST/01223/2018, respondent No. 3) and 21.12.2024 (Case No. 1122 of 2024, respondent No. 2, under Section 67(5)), and (ii) a writ of mandamus restraining dispossession of the petitioners from the disputed land and their houses at Village Gurah, Pargana and Tehsil Najibabad, District Bijnor. Counsel for the petitioners contended that a notice ('RC From 20' as printed) was issued on 6.4.2018; the Section 67 order of 25.4.2018 was passed without any opportunity to the petitioners; the notice was a printed proforma making no mention that the land belongs to the Gaon Sabha; the entire proceedings concluded within nineteen days of the notice; the restoration application (with objections on merits) was rejected; and the appeal was dismissed. The court deferred adjudication, observing 'matter requires consideration', granted the respondents four weeks to file a counter affidavit (rejoinder within two weeks thereafter), and directed the parties to maintain status quo till the next date of listing. No precedent cases were cited; no quantum involved.

Court No. - 34

Case :- WRIT - C No. - 2532 of 2025

Petitioner :- Dayaram And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pavan Kumar Counsel for Respondent :- Arun Kumar Pandey,C.S.C.

Hon'ble Manish Kumar Nigam,J.

Heard learned counsel for the parties and perused the record.

The instant petition has been filed for the following relief:

"1. Issue a writ, order or direction in the nature of certiorari quashing the impugned judgment and order dated 21.12.2024 passed by the respondent No. 2 in Case No. 1122 of 2024 Computer Case No. D202413160001122 (Dayaram and others Vs. Gaon Sabha) under Section 67 (5) of the U.P. Land Revenue Code, 2006 and impugned judgment and order dated 09.01.2024 passed by the respondent No. 3 in Case No. RST/01223/2018 Computer Case No. T201813160501223 (Gaon Sabha Vs. Dayaram and others) under Section 67 of the U.P. Land Revenue Code, 2006 as well as impugned judgment and order dated 25.04.2018 passed by the respondent No. 3 in case No. 01223 2018 Computer Case No. T201813160501223 (Gaon Sabha Vs. Dayaram and others) under Section 67 of the U.P. Land Revenue Code, 2006.

2. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondents not to dispossess to the petitioners with the land in dispute whereupon the petitioners are living by making their houses situated at Village Gurah, Pargana and Tehsil Najibabad, District Bijnor."

Contention of learned counsel for the petitioners is that notice RC From 20 was issued on 6.4.2018 and the order under Section 67 has been passed against the petitioners on 25.4.2018 without any opportunity to the petitioners. It has also been submitted by learned counsel for the petitioners is that in the notice there is no mention that land belongs to the Gaon Sabha and notice has been issued on a printed proforma. It has also been submitted by learned counsel for the petitioners that the entire proceedings were concluded within nineteen days of the issuance of the notice. The petitioners moved a restoration application in which, he has filed objections on merits, which has not been considered and the

restoration application has been rejected. Appeal filed by the petitioners was also dismissed.

Matter requires consideration.

Four weeks time is granted to the respondents to file counter affidavit. Rejoinder affidavit, if any, be filed within two weeks thereafter.

List thereafter.

Till the next date of listing, parties are directed to maintain status quo.

Order Date :- 18.2.2025 S. Singh

(Manish Kumar Nigam, J.)

Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad