Baijnath vs State of Up and 3 Others — Allahabad HC (2025) — LawSathi Research

Baijnath vs State of Up and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

With the aforesaid observation/direction, the writ petition is disposed of; Tehsildar, Belthara Road, District Ballia to decide in pursuance of the remand order dated 24.06.2024 within three months, uninfluenced by the revisional court's observations and after hearing all concerned parties.

Issue for consideration

Whether the writ petition challenging the order dated 29.06.2024 of the District Magistrate, Ballia in Revision No.60 of 2024 (remanding the case to the Tehsildar) deserved interference. +1 more

Court's answer

The Tehsildar, Belthara Road, District Ballia is directed to take a decision in pursuance of the remand order dated 24.06.2024 within three months from the date of production of a certified copy of the order.

Ratio / Principle

The competent authority/Tehsildar, Belthara Road, District Ballia shall not be influenced by the observations made by the revisional court in any manner, and shall pass the order after affording opportunity of hearing to all the concerned parties, in accordance with law.

Detailed headnote1 paragraphs

Allahabad High Court (Brij Raj Singh, J.) disposed of a writ petition by Baijnath challenging the order dated 29.06.2024 passed by the District Magistrate, Ballia in Revision No.60 of 2024 (Computerized Case No.D-202415090000060) (Jagarnath Vs. Brij Nath), whereby the case was remanded to the Tehsildar. Counsel did not press against the remand itself and confined the challenge to the observations made by the revisional court, seeking their expunction on the ground that they would influence the Tehsildar. The Court directed the Tehsildar, Belthara Road, District Ballia to decide the matter in pursuance of the remand order dated 24.06.2024 within three months of production of a certified copy of the order, and made clear that the competent authority/Tehsildar shall not be influenced by the revisional court's observations in any manner, shall afford opportunity of hearing to all concerned parties, and shall pass orders in accordance with law.

Neutral Citation No. - 2025:AHC:10189

Court No. - 34

Case :- WRIT - C No. - 29575 of 2024 Petitioner :- Baijnath Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Mohd Naushad,Umang Srivastava Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla

Hon'ble Brij Raj Singh,J.

Heard learned counsel for the petitioner, Sri Rameshwar Prasad Shukla, learned counsel for Gaon Sabha and Sri Abhishek Shukla, learned Additional Chief Standing Counsel for State-respondents.

The petitioner has challenged the order dated 29.06.2024 passed by respondent no.4, District Magistrate, Ballia in Revision No.60 of 2024 (Computerized Case No.D-202415090000060 ) (Jagarnath Vs. Brij Nath).

After arguing at some length, learned counsel for petitioner submits that by the impugned order the case has been remanded to Tehsildar, which is under challenge and there is no illegality in case of remand order, however, the petitioner is going to be adversely affected by the observation made by the revisional court. He has submitted that the petitioner is ready to face the proceeding after remand order, but this Court may expunge the observation made by revisional court as the same will influence the mind of the Tehsildar.

Be that as it may, I direct the Tehsildar, Belthara Road, District Ballia to take decision in pursuance of remand order dated 24.06.2024 within a period of three months from the date of production of certified copy of this order.

It is made clear that the competent authority/Tehsildar, Belthara Road, District Ballia will not be influenced by the observation made by revisional court in any manner and will pass the order, after affording opportunity of hearing to all the concerned parties, in accordance with law.

With the aforesaid observation/direction, the writ petition is disposed of .

Order Date :- 21.1.2025 Atul

Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad