Allahabad High Court
Vashishtha And Another vs State Of U.P. And 6 Others on 3 October, 2023
Bench: Manish Kumar Nigam
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:189191
Court No. - 47
Case :- WRIT - C No. - 31921 of 2023
Petitioner :- Vashishtha And Another
Respondent :- State Of U.P. And 6 Others
Counsel for Petitioner :- Munna Tiwari,Anuruddh Chaturvedi
Counsel for Respondent :- C.S.C.,Baijant Kumar Mishra,Chandra Shekhar Agnihotri,Sudhir Bharti
Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed for the following relief:
i. Issue a writ order or direction in the nature of certiorari to quashing the order dated 26.08.2023 passed by Additional Commissioner Administration-IV, Gorakhpur Region Gorakhpur in revision no. 02030 of 2019 bearing computer case no. C201905000002030 (Vashistha and others vs. Nandlal Pandey) under Section 210 U.P. Revenue Code 2006 as well as order dated 04.10.2019 passed by Sub Divisional Magistrate, Tehsil Tamkuhiraj District Kushinagar in case no. 02107 of 2019 bearing computer case no. T201905440302107 (Nandlal Pandey and others Vs. Vashistha and others) under Section-144 of U.P. Revenue Code, 2006.
3. Contention of the learned counsel for the petitioner is that against the order dated 09.07.1963 passed in proceedings under Section 229B/176 of U.P.Z.A. & L.R. Act, 1950 a restoration application was filed by the respondent nos. 5 to 7 on 28.12.2016 after more than 50 years. The aforesaid application filed by the respondent nos. 5 to 7 was allowed by the Sub Divisional Magistrate, Tamkuhiraj, respondent no. 3 vide its order dated 04.10.2019. Against the order dated 04.10.2019, the petitioner filed a revision before the Additional Commissioner (Judicial), Gorakhpur and the same has been dismissed by the respondent no. 2 vide its judgment and order dated 26.08.2023.
4. After some argument, Sri Chandra Shekhar Agnihotri, learned counsel appearing for respondent nos. 5 to 7 very fairly admitted that the order passed by the respondent no. s cannot be sustained but prayed that both the orders may be set aside and matter may be remanded back to the respondent no. 3 to decide the restoration application filed by the respondent nos. 5 to 7 on merits after hearing all the parties and giving them full opportunity to lead their evidence in support of their case in accordance with law.
5. Learned counsel for the petitioner has no objection to this prayer.
6. Consequently, with the consent of the parties, the order dated 04.10.2019 passed by respondent no. 3, Sub Divisional Magistrate, Tehsil-Tamkuhiraj, District Kushinagar and order dated 26.08.2023 passed by responent no. 2, Additional Commissioner, Administration-IV, Gorakhpur Region, Gorakhpur, are hereby quashed.
7. Considering the facts and circumstances of the case, without expressing any opinion on merits of the claim of the respective parties, the matter is remanded back to respondent no. 3, Sub Divisional Magistrate, Tehsil Tamkuhiraj, District Kushinagar to consider and decide afresh the restoration application filed by respondent nos. 5 to 7 after giving full opportunity of hearing to all the parties in accordance with law expeditiously preferably within a period of six months from the date of production of certified copy of this order provided that there is no other legal impediment.
8. With the aforesaid observation, the writ petition is partly allowed.
Order Date :- 3.10.2023
Ved Prakash
(Manish Kumar Nigam, J.)
