Ramesh Chandra Vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

Ramesh Chandra Vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of at the admission stage without counter affidavit, with a direction to respondent No.2 to decide the petitioner's pending appeal under Section 67(5) of the U.P. Revenue Code, 2006 in accordance with law, after hearing all affected parties, preferably within two months from production of the certified copy of the order; no adjudication on merits.

Issue for consideration

Whether the notice dated 27.08.2025 issued by the Lekhpal by the order of the Tehsildar, Sadar, Fatehpur is illegal and arbitrary and liable to be quashed by a writ of certiorari. +2 more

Court's answer

The Court expressly clarified that it has not adjudicated the case on merit; the impugned notice itself was not quashed and the question of possession was left to the pending appeal.

Ratio / Principle

Since no useful purpose would be served in keeping the matter pending or issuing notice to the private respondents, the writ petition is disposed of at the admission stage, without calling for counter affidavit, with a direction upon respondent No.2 to decide the petitioner's pending appeal under Section 67(5) of the U.P. Revenue Code, 2006 in accordance with law after hearing all affected parties.

Key takeaways

The appeal under Section 67(5) of the U.P. Revenue Code, 2006 is to be decided preferably within two months from the date of production of a certified copy of the order.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Rohit Ranjan Agarwal, J.) disposed of a writ petition (WRIT - C No. 31241 of 2025) filed by Ramesh Chandra against the State of U.P. and others, challenging a notice dated 27.08.2025 issued by the Lekhpal by order of the Tehsildar, Sadar, Fatehpur, concerning Gata No. 78 (0.3240 hectare) in Village Mardanpur, District Fatehpur. Observing that the petitioner's appeal under Section 67(5) of the U.P. Revenue Code, 2006 was already pending before respondent No.2, and that no useful purpose would be served by keeping the matter pending or issuing notice to the private respondents, the Court disposed of the petition at the admission stage without calling for a counter affidavit, directing respondent No.2 to decide the appeal in accordance with law after hearing all affected parties, preferably within two months of production of a certified copy of the order. The Court expressly did not adjudicate the matter on merits and did not quash the impugned notice.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 31241 of 2025

Ramesh Chandra

.....Petitioner(s)

Versus

State Of U.P. And 4 Others	.....Respondent(s)
Counsel for Petitioner(s)	: Suresh Singh
Counsel for Respondent(s)	: Azad Rai, C.S.C.

Court No. - 34

HON'BLE ROHIT RANJAN AGARWAL, J.

1. This writ petition has been filed with the following prayer;

"A. Issue a writ order or direction in the nature of Certiorari quashing the impugned illegal and arbitrary notice dated 27.08.2025 issued by the Lekhpal by the order of Tehsildar, Sadar, Fatehpur Containing in Annexure No. 1 to this writ petition.

B. Issue a writ order or direction in the Mandamus commanding and directing to the respondents not to disturb the peaceful possession of the petitioner over Gata No. 78 admeasuring Rakba 0.3240 Hectare, situated in Village-Mardanpur, ParganaGhazipur, Tehsil-Sadar, District Fatehpur during the pendency of appeal under section 67 (5) of U.P.R.C."

After hearing learned counsel for petitioner and from perusing the material on record it appears that appeal filed by petitioner under Section 67 (5) of U.P. Revenue Code, 2006 is pending consideration before the respondent no. 2.

As no useful purpose would be served in keeping the matter pending or issuing notice to the private respondents, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit, with a direction upon respondent No.2 to decide the appeal filed by petitioner under Section 67 (5) of U.P. Revenue Code, 2006, in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order.

With the aforesaid direction, present writ petition stands disposed of.

It is made clear that this Court has not adjudicated the case on merit.

(Rohit Ranjan Agarwal,J.)

September 9, 2025

Shekhar

Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad