Chandresh Kumar Dixit And Ors. vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 2613 ALL

Citation : 2023 Latest Caselaw 2613 ALL
Judgement Date : 24 January, 2023

Allahabad High Court

Chandresh Kumar Dixit And Ors. vs State Of U.P. Thru. Prin. Secy. ... on 24 January, 2023

Bench: Vivek Chaudhary




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 19069 of 2021
 

 
Petitioner :- Chandresh Kumar Dixit And Ors.
 
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lucknow And Ors.
 
Counsel for Petitioner :- Shailendra Singh Rajawat,Devesh Deo Bhatt,Mohd. Shahanshah Newaz Kh,Vikas Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vivek Chaudhary,J.

Heard learned counsel for the petitioners and the learned Standing Counsel.

The petitioners have approached this Court challenging the order dated 09.03.2021, whereby the District Magistrate, Sitapur has rejected the application of petitioners for regularization on the post of Collection Amin from the post of Seasonal Collection Amin.

The sole ground on which the application of the petitioners is rejected is that the petitioners did not achieve the criteria of 70% of the recovery in the last four Fasli seasons.

Learned counsel for the petitioners has relied upon the Division Bench judgment of this Court dated 03.12.2013 passed in Special Appeal (Defective) No.845 of 2013; State of U.P. and others Vs. Pankaj Srivastava, wherein this Court has held that there may be circumstances where due to other reasons the person has not attained the normal 70% recovery limit. The Court has held that the criteria of 70% of the recovery must relate to the demand which was actually entrusted to the petitioners.

Learned counsel for the petitioners submits that in the case of petitioners, they have achieved 70% of recovery with regard to the demand which was actually entrusted to them.

Since the impugned order dated 09.03.2021, is in the teeth of the judgment of this Court in the case of State of U.P. and others Vs. Pankaj Srivastava (Supra), the same cannot stand and is set aside.

The District Magistrate, Sitapur/respondent no.3, is directed to pass a fresh order with regard to the petitioners taking into consideration the judgments of the Supreme Court as well as the aforesaid judgment in the State of U.P. and others Vs. Pankaj Srivastava (Supra), within a period of three months from the date a certified copy of this order is produced before him.

The writ petition is allowed.

(Vivek Chaudhary,J.)

Order Date :- 24.1.2023

Arjun/-