Vijay Kumar vs State of U.P. Thru. Prin. Secy. Revenue, Lko. and Others — Allahabad HC (2026) — LawSathi Research

Vijay Kumar vs State of U.P. Thru. Prin. Secy. Revenue, Lko. and Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no.3 (Sub-Divisional Officer, Tehsil Tanda, District Ambedkar Nagar) to decide the petitioner's pending recall application dated 12.12.2022 expeditiously, preferably within a maximum period of three months from the date of presentation of the certified copy of the order, strictly in accordance with law after affording an opportunity of hearing to the parties concerned.

Issue for consideration

Whether the Sub-Divisional Officer, Tanda should be directed to remove the boundary stone fixed in the petitioner's abadi land (gata no.85) on the basis of the ex-parte demarcation order dated 14.11.2022. +1 more

Ratio / Principle

Without entering into the merits of the case, the petition is disposed of with a direction to respondent no.3, the Sub-Divisional Officer, Tehsil Tanda, District Ambedkar Nagar, to decide the pending recall application dated 12.12.2022 expeditiously, preferably within a maximum period of three months from the date of presentation of the certified copy of the order before it.

Key takeaways

The order on the recall application shall be passed by the authorities concerned strictly in accordance with law, after affording an opportunity of hearing to the parties concerned.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Hon'ble Syed Qamar Hasan Rizvi, J. (WRIT - C No. 1324 of 2026, decided February 18, 2026): Writ petition disposed of without entering into the merits. The petitioner sought removal of a boundary stone fixed in his abadi land (gata no.85) on the strength of an ex parte demarcation order dated 14.11.2022 passed by the Sub-Divisional Officer, Tanda, District Ambedkar Nagar in Case No.04470 of 2022 on respondent no.8's application under Section 24 of U.P. Revenue Code, 2006, and a writ of mandamus to decide his recall application dated 12.12.2022, pending for about three years. Held: respondent no.3-SDO directed to decide the pending recall application expeditiously, preferably within a maximum period of three months from presentation of the certified copy of the order, strictly in accordance with law after affording an opportunity of hearing to the parties concerned. Notice to respondent nos.4, 5, 7 and 8 dispensed with.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 1324 of 2026

Vijay Kumar

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others

.....Respondent(s)

Counsel for Petitioner(s) : Ravindra Pandey Counsel for Respondent(s) : C.S.C., Mohan Singh

Court No. - 19

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard Sri Ravindra Pandey, learned counsel for the petitioner, Sri Tezbali Singh, learned Standing Counsel for the State-respondents no.1 to 3 and Sri Mohan Singh, learned counsel for the Gaon Sabha-respondent no.6.

In view of the proposed order, requirement of issuance of notice to respondent nos.4,5,7 and 8 is dispensed with.

By means of the present petition, the petitioner has prayed for direction to the Sub-Divisional Officer, Tanda, District Ambedkar Nagar to remove installed boundary stone fixed in the abadi land of the petitioner bearing gata no.85 on the basis of ex-parte demarcation order dated 14.11.2022. It has further been prayed that a writ of mandamus be issued directing respondent No. 3, the Sub-Divisional Officer, Tehsil Tanda, District Ambedkar Nagar, to decide the recall application filed by the petitioner against the ex parte order dated 14.11.2022, as contained in annexure no.7 to the writ petition.

Submission of learned counsel for the petitioner is that on the application filed under Section 24 of U.P. Revenue Code, 2006 by the respondent no.8, the Sub-Divisional Officer, Tanda, District Ambedkar Nagar passed an ex parte order dated 14.11.2022 for demarcation of the land bearing gata no.85 area 0.1130 hectare in Case No.04470 of 2022.

WRIC No. 1324 of 2026

2

Aggrieved by the aforesaid order, the petitioner preferred an application for recall of the said order on 12.12.2022 which is pending consideration for the last three years. It is alleged that the authorities at the instance of the respondent no.8 are trying to install the boundary stone over the land in question on the basis of an ex-parte order dated 14.11.2022 despite the admitted fact that the application for the recall of the same is still pending consideration.

Be that as it may, this Court is of the considered opinion that in view of the facts as mentioned above, no fruitful purpose would be served in keeping the petition pending, at this stage. Accordingly, without entering into the merits of the case, the petition is disposed of with a direction to the respondent no.3-Sub-Divisional Officer, Tehsil Tanda, District Ambedkar Nagar, to decide the pending recall application of the petitioner dated 12.12.2022 expeditiously, preferably within a maximum period of three months from the date of presentation of the certified copy of this order before it. Needless to say that the order on the said application shall be passed by the authorities concerned strictly in accordance with law, after affording an opportunity of hearing to the parties concerned.

(Syed Qamar Hasan Rizvi,J.)

February 18, 2026

Renu/-

Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench