Hanif Vs State of U.P. Thru. Collector, Distt. Hardoi and Others — Allahabad HC (2025) — LawSathi Research

Hanif Vs State of U.P. Thru. Collector, Distt. Hardoi and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to file an application for recall of the order dated 15.01.2024 within 10 days, with the Tehsildar directed to decide it by a speaking and reasoned order within one month thereafter; interim stay of the demolition proceedings pursuant to the impugned order for six weeks or until disposal of the recall application, whichever is earlier.

Issue for consideration

Whether the petitioner should be granted liberty to file an application for recall of the ex-parte order dated 15.01.2024, and whether the demolition proceedings pursuant to that order should be stayed pending disposal of the recall application.

Court's answer

The writ petition is disposed of with liberty to the petitioner to file an application for recall of the order dated 15.01.2024 within a period of 10 days.

Ratio / Principle

If such recall application is filed, the Tehsildar, Tehsil - Sandila, District - Hardoi shall consider and decide it by passing a speaking and reasoned order within one month thereafter.

Key takeaways

Demolition proceedings pursuant to the impugned order dated 15.01.2024 shall remain stayed for a period of six weeks or till disposal of the recall application, whichever is earlier.ratio¶19

Detailed headnote1 paragraphs

WRIT - C No. 9133 of 2025 (Hanif v. State of U.P. thru Collector, Hardoi), decided September 17, 2025 by Hon'ble Manjive Shukla, J., High Court of Judicature at Allahabad (Lucknow Bench). The writ petition assailed a Section 67 U.P. Revenue Code, 2006 order dated 15.01.2024 of the Tehsildar, Tehsil - Sandila, District - Hardoi (Case No. 02432/2020; Computerized Case No. T-202010330402432, Gram Sabha Kanipur Vs. Dhani) directing removal of the petitioner's encroachment on Gram Sabha land and payment of penalty, claimed by the petitioner to be ex-parte. The Court disposed of the petition with liberty to file a recall application within 10 days, directed the Tehsildar to decide such application by a speaking and reasoned order within one month, and stayed the demolition proceedings pursuant to the impugned order for six weeks or till disposal of the recall application, whichever is earlier.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 9133 of 2025

Hanif

.....Petitioner(s)

Versus

State Of U.P. Thru. Collector, Distt. Hardoi And Others

.....Respondent(s)

Counsel for Petitioner(s) : Rajesh Kumar Shukla, Umesh Dixit Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey

Court No. - 30

HON'BLE MANJIVE SHUKLA, J.

Heard Shri Rajesh Kumar Shukla, learned counsel appearing for the petitioner and learned Standing Counsel appearing for Respondents No. 1 to 3.

The instant writ petition has been filed assailing therein, the order dated 15.01.2024 passed by the Tehsildar, Tehsil - Sandila, District - Hardoi in Case No. 02432 / 2020, Computerized Case No. T-202010330402432 (Gram Sabha Kanipur Vs. Dhani) whereby, in exercise of power under Section 67 of the U.P. Revenue Code, 2006, direction had been issued for removal of encroachment made by the petitioner on the Gram Sabha land and for payment of penalty.

Learned counsel appearing for the petitioner submits that the impugned order dated 15.01.2024 is an ex-parte order, therefore, the petitioner wishes to file an application for recall of order dated 15.01.2024 and therefore, he may be granted liberty to do so and till pendency of the application for recall, the demolition proceedings pursuant to the impugned order dated 15.01.2024 may be stayed.

Learned Standing Counsel appearing for Respondents No. 1 to 3, though has opposed this writ petition but does not have any serious objection if the aforesaid limited prayer is allowed in favour of the petitioner.

WRIC No. 9133 of 2025

2

I have considered the arguments advanced by the learned counsels for the parties and I find that claim of the petitioner is that the impugned order dated 15.01.2024 is an ex-parte order. I further find that the petitioner intends to file an application for recall of the ex-parte order dated 15.01.2024 and wants protection from this Court against demolition proceedings only till the date of disposal of his recall application.

Having considered the facts and circumstances of the case, this petition is disposed of with liberty to the petitioner to file an application for recall of order dated 15.01.2024 within a period of 10 days from today and if such application is filed, the Tehsildar, Tehsil - Sandila, District - Hardoi shall consider and decide the said application by passing a speaking and reasoned order within one month thereafter.

It is provided that for a period of six weeks or till disposal of the application for recall of order dated 15.01.2024, whichever is earlier, the demolition proceedings, pursuant to impugned order dated 15.01.2024, shall remain stayed.

September 17, 2025 Lokesh Kumar

(Manjive Shukla,J.)

Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench