Sri Narayan vs State Of U.P. And 3 Others
2023 Latest Caselaw 7384 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 

 
Case :- WRIT - C No. - 7821 of 2023
 

 
Petitioner :- Sri Narayan
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Istiyaq Ali,Ali Hasan
 
Counsel for Respondent :- C.S.C.,Hari Narayan Singh
 

 
Hon'ble Manjive Shukla,J.

Heard Mr. Ali Hasan, learned counsel for the petitioner, Mr. Hari Narayan Singh, learned counsel appearing for respondent No.4 and Mr. Abhishek Shukla, learned Additional Chief Standing Counsel appearing for the State-respondents.

Learned counsel for the petitioner has submitted that an order has been passed against the petitioner on 24.06.2022 in the proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006. Learned counsel for the petitioner has further submitted that petitioner is an illiterate person and due to that reason, he could not file appeal against the said order as contemplated under Section 67(5) of the Uttar Pradesh Revenue Code, 2006 and now the period of limitation for filing of the said petition is over.

Considering the submission of learned counsel for the petitioner and particularly keeping in view that petitioner is an illiterate person, this Court finds it appropriate to provide an opportunity to the petitioner to file an appeal against the order dated 24.06.2022 passed in Computerized Case No.T201703582022713, before the District Magistrate, Auraiya within a period of 15 days from today and if the said appeal is filed within the said period along with an application for condonation of delay in filing the appeal then this Court expects that the District Magistrate, Auraiya will consider the issue of condonation of delay in filing the appeal sympathetically and, thereafter, will proceed to decide the appeal on merits.

With the aforesaid observations, this writ petition is disposed of.

It is also provided that the petitioner if so desires may move an application for stay of the order passed under Section 67 of the Uttar Pradesh Revenue Code, 2006 and if the said application is filed, it is expected that the District Magistrate, Auraiya shall proceed and decide the said application within a period of 15 days in light of the law laid down by this Hon'ble Court in its judgment dated 02.12.2022 rendered in Writ-C No.6658 of 2022 (Rishipal Singh v. State of U.P. and others).

Order Date :- 14.3.2023

A.N. Mishra