Lal Singh vs State Of Up And 3 Others
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Allahabad High Court

Lal Singh vs State Of Up And 3 Others on 25 November, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:184079
 
Court No. - 34
 

 
Case :- WRIT - C No. - 24712 of 2024
 

 
Petitioner :- Lal Singh
 
Respondent :- State Of Up And 3 Others
 
Counsel for Petitioner :- Ashutosh Pandey,Praveen Kumar Mishra
 
Counsel for Respondent :- Archana Singh,Avinash Chandra Srivastava,C.S.C.
 

 
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 following reliefs:-

"(i) Issue an appropriate writ, order or direction for quashing the impugned judgment and order dated 24.06.2024 passed by Respondent No. 2 in Appeal No. 930 of 2024, Computer case No. D202401010000930 (Lal Singh Vs. Gram Sabha Kirawali and Others) as well as the Impugned Judgment and order dated 10.05.2024 passed by respondent No. 3 in Case No. nil of 2024, Computer Case no. T202401010403654 (Gram Sabha Vs. Lal Singh) along with the impugned show cause notice in form of Zamidari Vinash Aakar Patra 49k issued under Rule 115(d) Uttar Pradesh Zamidari Abolition and Land Reforms Rules, 1952.

(ii) Issue an appropriate writ, order or direction, for mandamus commanding restrain the respondents interfering into the peaceful possession of the petitioner over the khasra No. 235/2 is situated at Village-Atoos, Pargana & Tehsil-Kirawali, District Agra"

3. Contention of learned counsel for the petitioner is that in the proceedings under Section 67 of the U.P. Revenue Code, 2006, an application was filed by the petitioner for cross-examining the Lekhpal, which has been rejected by the Tehsildar by order dated 10.05.2024. An appeal against the order dated 10.05.2024 has also been rejected.

4. Perused the order dated 10.05.2024, wherein it has been recorded by the Tehsildar that after five years, the petitioner was permitted to lead evidence and therefore, this application is rejected.

5. Learned Standing Counsel though opposed the writ petition but could not deny the fact that right of cross-examination has been wrongly closed.

6. In view of the same, the writ petition is allowed, order dated 10.05.2024 and consequent appellate order dated 24.06.2024 are quashed and the matter is remanded to the Tehsildar to provide the opportunity to the petitioner and thereafter, pass an order in accordance with law.

Order Date :- 25.11.2024

Nitika Sri.

(Manish Kumar Nigam,J.)