Ram Sewak vs The State Of U.P. And 5 Others
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Allahabad High Court

Ram Sewak vs The State Of U.P. And 5 Others on 25 November, 2024

Author: Saurabh Shyam Shamshery

Bench: Saurabh Shyam Shamshery

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:184291
 
Court No. - 49
 

 
Case :- WRIT - B No. - 3956 of 2024
 

 
Petitioner :- Ram Sewak
 
Respondent :- The State Of U.P. And 5 Others
 
Counsel for Petitioner :- Nikhilesh Kumar Chaudhary,Sanjai Kumar Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.
 

1. I find merit in argument of Sri Sanjay Kumar Pandey, learned counsel for petitioner to the extent that since an issue of jurisdiction was raised though during the argument before trial Court, still that has to be decided on merit and cannot be byepassed only on a ground that objection was taken at a later stage. An opportunity was available with Board of Revenue to remove that error i.e. objection to jurisdiction but it also failed.

2. Supreme Court in very recent judgment of R. Kandasamy (since dead) and others vs. T.R.K. Sarawathy and another, 2024 INSC 884 has held that issue of jurisdiction can be raised at any stage.

3. Court also takes note of a judgment of coordinate Bench of this Court in Parmanand vs. State of U.P. and others, 2023:AHC:222265 wherein it has held that proceedings initiated U/s 104 and 105 of U.P. Revenue Code, 2006 by Chief Revenue Officer/District Magistrate is not competent under the provisions of said Act and it ought to have been decided by Sub Divisional Officer.

4. Sri P.S. Chauhan, learned Standing Counsel for State has not able to contradict aforesaid submissions.

5. In aforesaid circumstances, impugned order dated 01.07.2024 passed by respondent no.2 in REV/ 2172/ 2024/Basti (Computerized Case No. AL20241714002172) (Ram Sewak and others vs. District Magistrate, Basti and others) is hereby set aside and matter is remitted back to Board of Revenue to pass a fresh order after taking note of above referred judgments, expeditiously, preferably within 3 months from today.

6. Writ petition stands disposed of with above observations.

Order Date :- 25.11.2024

N. Sinha