Nan Bachcha vs State of U.P. Thru. Prin. Secy. Stamp Registration Lko. and 3 Others — Allahabad HC (2026) — LawSathi Research

Nan Bachcha vs State of U.P. Thru. Prin. Secy. Stamp Registration Lko. and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to file an application for restoration/recall of the order dated 29.01.2026 before the learned appellate Court/opposite party no. 2 within ten days, with a direction that the appellate Court entertain such application and pass appropriate orders strictly in accordance with law within a maximum of eight weeks.

Issue for consideration

Whether the writ petition assailing the dismissal of the petitioner's appeal for want of prosecution should be disposed of by granting liberty to seek restoration/recall of the appellate order dated 29.01.2026.

Court's answer

The writ petition is disposed of at this stage by granting the petitioner liberty to file an appropriate application for restoration/recall of the impugned order dated 29.01.2026 before the appropriate Court.

Ratio / Principle

If the restoration/recall application is filed within ten days, the learned appellate Court/opposite party no. 2 shall entertain it and pass appropriate orders strictly in accordance with law within a maximum period of eight weeks from the date of filing, along with a copy of this order.

Detailed headnote1 paragraphs

WRIT - C No. 2744 of 2026 (High Court of Judicature at Allahabad, Lucknow; Syed Qamar Hasan Rizvi, J.; decided March 24, 2026): The petitioner's appeal under Section 56(1-A) of the Indian Stamp Act, 1899 (Case No. 700 of 2024, Nan Bachcha Versus State of U.P.) before the Additional Commissioner (Administration)-Ist, Devi Patan Mandal, Gonda was dismissed for want of prosecution on 29.01.2026 due to non-appearance of his counsel. Disposing of the writ petition at this stage, the Court granted the petitioner liberty to file an appropriate application for restoration/recall of the impugned order before the learned appellate Court/opposite party no. 2 within ten days, directing that if so filed, the concerned Court shall entertain it and pass appropriate orders strictly in accordance with law within a maximum period of eight weeks from the date of filing, along with a copy of the High Court's order.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 2744 of 2026

Nan Bachcha

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Stamp Registration Lko. And 3 Others

.....Respondent(s)

Counsel for Petitioner(s) : Mukesh Kumar Tiwari, Shiv Ram Tewari Counsel for Respondent(s) : C.S.C. Court No. - 19

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard Sri Shiv Ram Tiwari, learned counsel for the petitioner, Sri Badrish Kumar Tripathi, learned Standing Counsel for the Staterespondents and perused the material available on record.

By means of the present petition, the petitioner has assailed the order dated 29.01.2026 passed by the opposite party no. 2 i.e. Additional Commissioner (Administration)-Ist, Devi Patan Mandal, Gonda in appeal filed under Section 56(1-A) of the Indian Stamp Act, 1899 having Case No. 700 of 2024 (Nan Bachcha Versus State of U.P.), by means of which, appeal filed by the petitioner was dismissed for want of prosecution.

Learned counsel appearing on behalf of the petitioner states that although the petitioner has a good case on merit but due to nonappearance of the counsel who was representing the petitioner before the appellate Court, the said appeal was dismissed in default.

Taking into consideration the submission as advanced by the learned counsel for the petitioner, this Court is of the considered opinion that the present writ petition can be disposed of at this stage by granting liberty to the petitioner to file an appropriate application for restoration/recall of the impugned order dated 29.01.2026 before the appropriate Court.

Accordingly, the present writ petition is disposed of with the liberty

WRIC No. 2744 of 2026

2

to the petitioner to file an appropriate application as aforesaid before the learned appellate Court/opposite party no. 2 within a period of ten days from today. In case, such an application is filed within the period as aforesaid, the concerned Court shall entertain the same and pass appropriate orders strictly in accordance with law within a maximum period of eight weeks from the date of filing of said application along with the copy of this order.

March 24, 2026 Arun

(Syed Qamar Hasan Rizvi,J.)

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