Disposed

Anand Kishore v. Commissioner, Lko. Division, Lko. and Others

Allahabad HC4 Apr 2025WRIC/3142/2025

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition concerning land disputes without examining merits. It did not quash or interfere with the lower authorities' orders but instead asked the petitioner to approach the relevant authority for a recall application within one month. The court also directed the Sub Divisional Magistrate to conclude proceedings within the statutory limit. The court made it clear

What did the court decide?

The writ petition was disposed of without examination of merits; liberty granted to prefer an application for recall of the impugned order within one month.

Anand Kishore Vs Commissioner, Lko. Division, Lko. and… — Land Acquisition | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:18772

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Court No. - 7

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Case :- WRIT - C No. - 3142 of 2025 Petitioner :- Anand Kishore Respondent :- Commissioner, Lko. Division, Lko. And Others Counsel for Petitioner :- Satish Kumar Sharma Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the petitioner, Shri Hemant Kumar Pandey, learned Standing Counsel for the State/opposite party Nos.1 and 2 as well as Shri Dilip Kumar Pandey, learned counsel for the Land Management Committee/opposite party No.12 and perused the record.

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In view of order proposed to be passed, issuance of notice to the private-respondent(s), if any, is hereby dispensed with.

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The instant petition has been preferred seeking following main relief:-

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"i.. Issue a writ, order or direction in the nature of CERTIORARI thereby quashing the impugned order dated 25.02.2025 passed by the Commissioner Lucknow Division Lucknow in appeal bearing appeal No. 5080/2024 computerized case No. C202410000005080 (Anand Kishore versus Shyam Bihari and others) U/S 2010 of Uttar Pradesh Revenue Code 2006 and also quash the order dated 08.11.2024 passed by the Up Ziladhikari Dhaurahara (Judicial) Kheri in case RST/10755/2024 computerized case No.202410430210755 (Lalat Prasad versus) U/S 24 of Uttar Pradesh Revenue Code 2006, contained as ANNEXURE NO. 1 & 2 to this writ petition.

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ii.. Issue a writ, order or direction in the nature of MANDAMUS thereby commanding the Opp. Party No.2 to restrain the opp. party No.3 to 11 not to disturb the peaceful possession of the petitioner over the land in dispute."

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Taking note of the facts of the case as well as Para 492 of the U.P. Revenue Court Manual according to which the petitioner can prefer an application for recall of the order in the light of settled principle of law including the law laid down by the Division Bench of this Court in the case of Ram Prakash Vs. Deputy Director of Consolidation, Hardoi & others, Writ Petition No.6574 (Consolidation) of 2016, this court is not inclined to entertain the writ petition.

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It is accordingly disposed of with liberty to the petitioner to prefer an application seeking recall of the order dated 25.02.2025, which shall be decided as per law, expeditiously, say within a period of one month from the next date fixed in the matter.

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It is also expected from the Sub Divisional Magistrate,

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Dhaurahara, District Kheri/opposite party No.2 that he would conclude the proceedings preferably within the statutory period provided under Section 24 (3) of the U.P. Revenue Code, 2006, i.e. three months.

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It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law.

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With the aforesaid, the petition is disposed of .

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Order Date :- 4.4.2025 ML/-

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Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

Anand Kishore v. Commissioner, Lko. Division, Lko. and Others

Case brief

What is this about?

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Anand Kishore v. Commissioner, Lko. Division, Lko. and Others

Case brief

What is this about?

What did the court decide?

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