Anees Ahmad vs State Of U.P. Thru. Addl. Chief Secy. ...
2024 Latest Caselaw 15496 ALL

Allahabad High Court

Anees Ahmad vs State Of U.P. Thru. Addl. Chief Secy. ... on 3 May, 2024

Author: Rajan Roy

Bench: Rajan Roy

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:34489-DB
 
Court No. - 2
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 258 of 2024
 

 
Appellant :- Anees Ahmad
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. Civil Secrt. Lko. And Others
 
Counsel for Appellant :- Anil Kumar Tripathi,Abhishek Tiwari,Ujjwal Tripathi
 
Counsel for Respondent :- C.S.C.,Mohan Singh,Mohd. Mansoor
 

 
Hon'ble Rajan Roy,J.
 

Hon'ble Om Prakash Shukla,J.

(C.M. Application No.1 of 2024)

1. This is an application seeking condonation of delay in filing the appeal.

2. Heard.

3. Cause shown for the delay in filing the appeal is sufficient which is due to livelihood and financial crisis. Accordingly, the application is allowed. Delay is condoned.

(Order on Appeal)

4. Heard.

5. By means of this appeal, judgment of the writ court dated 29.03.2024 passed in Writ-C No.3020 of 2024 [Nikhet Faheem & Ors. vs. State of U.P. & Ors.] has been challenged. Apparently, the order which was impugned before the writ court had been passed by Tehsildar under Section 67 of the U.P. Revenue Code, 2006, therefore, in view of the provisions contained in Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952, special appeal against such a judgment of the writ court arising out of the said order would not be maintainable. However, at this stage, Anil Kumar Tripathi, learned counsel for the appellant says that the writ court has remanded back the matter to the Tehsildar but till date the proceedings on remand have not commenced because the respondents have not placed the order before the Tehsildar.

6. We direct the Senior Registrar of this Court at Lucknow to communicate the order dated 29.03.2024 to the Tehsildar/ Assistant Collector, Tehsil-Sadar, District-Sultanpur to proceed with Computerized Case No.T202204680609497 (Gram Sabha vs. Smt. Nikhet Faheem and Ors.) in pursuance to the order of remand dated 29.03.2024 in accordance with law and conclude the proceedings expeditiously as ordered by the writ court within three months. If the parties do not co-operate, he always has the power to take the proceedings to its logical conclusion. These orders/ directions have been issued only to put a quietus to the litigation and also to ensure that the order of the writ court is not taken unduly advantage of. It is open for the appellant to challenge the order of the writ court before the higher court as may be permissible in law.

7. At this stage, learned counsel for the appellant says it may also be left open for him to move an application for review before the writ court. If it is otherwise permissible in law, it is always open for the appellant to exercise that remedy.

8. With these observations/ direction, the appeal is disposed of.

(Om Prakash Shukla,J.) (Rajan Roy,J.)

Order Date :- 3.5.2024

Shanu/-