State Of U.P. Through Colelctor ... vs Smt. Lekha Rajey And Others
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Allahabad High Court

State Of U.P. Through Colelctor ... vs Smt. Lekha Rajey And Others on 18 August, 2025

Author: Pankaj Bhatia

Bench: Pankaj Bhatia

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:48182
 
Court No. - 6
 

 
Case :- WRIT - C No. - 3003187 of 1984
 

 
Petitioner :- State Of U.P. Through Colelctor Lakhimpur Kheri
 
Respondent :- Smt. Lekha Rajey And Others
 
Counsel for Petitioner :- C.S.C.,I H Farooqui,Kapil Deo
 
Counsel for Respondent :- C.S.C.,Avdhesh Kumar Pandey,Devi Prasad Maurya,Jagdish P. Maurya,Radhika Varma,Sandeep Kumar,Shivendra Singh Suryavans,Shreshth Srivastava,Umesh Chandra
 

 
Hon'ble Pankaj Bhatia,J.
 

Order on:

I.A. No.7 of 2024 - Application for condonation of delay in filing recall application;

I.A. No.8 of 2024 - Application for recall of the order dated 31.08.2022;

I.A. No.11 of 2025 - Application for condonation of delay in filing substitution application;

I.A. No.12 of 2025 - Application for setting aside abatement;

I.A. No.13 of 2025 - Application for substitution.

1. All the applications are allowed.

2. Delay in filing the recall application is condoned. Order dated 31.08.2022 is recalled and writ petition is restored to its original file and number.

3. Delay in filing the substitution application is condoned.

4. Applicant/petitioner is permitted to substitute the legal heirs of respondent nos.1 & 2 in the memo of parties during the course of the day.

5. In view of the substitution application being allowed, abatement is set aside.

Order on Writ Petition:

6. As the parties are present, the matter is being heard finally.

7. Heard Shri S.K. Khare, learned counsel for the petitioner; Shri Sudeep Kumar, learned Additional Advocate General; Shri Shreshth Srivastava, Shri Sandeep Kumar, Shri Ashutosh Kumar Shukla, Ms. Trisha Singh, learned counsel(s) for respondent no.1 and Shri Shivendra Singh Suryavans, learned counsel for respondent no.2.

8. Present petition has been filed challenging the order dated 25.10.1983 passed by the District Judge in exercise of powers under Section 13 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960.

9. Challenging the said judgment, Writ - C No.3003179 of 1984 was also preferred by the State of U.P. which came to be partially allowed vide judgment dated 23.11.2023 wherein the matter was relegated to the prescribed authority to pass fresh orders.

10. Considering the reasoned judgment dated 23.11.2023, present petition is disposed off on the same terms and conditions as contained in the judgment dated 23.11.2023.

11. Impugned order dated 25.10.1983 is set aside to the extent as indicated in the judgment dated 23.11.2023.

12. The prescribed authority shall now decide the matter afresh in the light of the directions given in the judgment dated 23.11.2023 with all expedition, preferably within a period of six months.

Order Date :- 18.8.2025

nishant