Allahabad High Court
Ram Kishor vs State Of Up And 3 Others on 13 March, 2024
Author: Saral Srivastava
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:45452 Court No. - 5 Case :- WRIT - C No. - 6243 of 2024 Petitioner :- Ram Kishor Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Keshawa Prasad Pandey,Krishna Chandra Pandey Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for State-respondents No.1 to 3 and SriBhupendra Kumar Tripathi, learned counsel for respondent No.4.
2. By means of the present writ petition, the petitioner has assailed the order dated 29.11.2023 passed by the Additional Commissioner (Judicial) Ist, Varanasi in Case No.1832 of 2023 (State of U.P. v. Ram Kishor), under Section 331 (3) of Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (for short "UPZA & LR Act, 1950").
3. It is contended that the petitioner instituted a suit No.353 under Section 229 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (for short "UPZA & LR Act, 1950") which was decreed by the Pargana Adhikar, Machhalishahar, District Jaunpur by order dated 26.04.1995.
4. It appears that after about 25 years, an application dated 31.07.2020 was filed by Indra Bahadur and Amresh Bahadur to recall the order dated 26.04.1995 in Case No.5437 of 2021 which was allowed by the Sub Divisional Magistrate, Machhalishahar, District Jaunpur by order dated 06.01.2023.
5. Against the order dated 06.01.2023, the petitioner preferred a revision i.e. Case No.Rev/79/2023 which was dismissed by Member (Judicial), Board of Revenue, U.P., Prayagraj by order dated 09.02.2023. Against the order dated 09.02.2023, the petitioner preferred Writ-B No.2577 of 2023 in which this Court was pleased to stay the operation of the order dated 06.01.2023.
6. It appears that after about 28 years, the respondent No.4-Gaon Sabha has preferred appeal registered as Case No.1832 of 2023 (State of U.P. v. Ram Kishor) under Section 331 (3) of UPZA & LR Act, 1950 and the Additional Commissioner (Judicial-First), Varanasi Division, Varanasi has passed the following order dated 29.11.2023:-
"?? ???? ?????????/????? ?? ?????? ?? ??? ???? ????????? ?? ??????? ???????? ?? ???? ??? ??? ??? ???????? ?? ???????? ???? ????? 26.04.1995 ?? ?????? ???? ??? ???????? ?????? ?? ??????? ???? ???? ??? ???????? ?? ???????? ?? ???? ???? ?????? ?????? ?????? ??? ???????? ??? ?? ???? ???-??? ?? ?????? ???? ??????? ?? ???? ?????? ?? ????? ?? ?????? ??, ???????? ??? ???????? ???? ?????? 26.04.1995 ?? ??????????? ?????? ???? ?? ?? ??? ?????? ???? ???? ?????? ???????? ?? ???????? ??? ?? ??? ??? ???-??? ?? ?????? ???? ?????? 06.01.2024 ?? ??? ???????????? ?? ????? ???? ???????????? ????? ?? ????? ????"
7. It is contended that the order dated 26.04.1995 was passed in presence of the Gaon Sabha as the proceeding was against the Gaon Sabha. Now, the appeal has been preferred by the Gaon Sabha after about 28 years, and the Additional Commissioner without condoning the delay of about 28 years, admitted the appeal.
8. There is inordinate delay of about 28 years since the order dated 26.04.1995 passed by the Pargana Adhikari in case No.353 under Section 229 B of UPZA & LR Act, 1950 declaring the rights of the petitioner. The order dated 26.04.1995 is reproduced herein below:-
"???? ?????? ????? ????????? ??? ???? ????? ???? ???? ??????? ???? ???? ?? ?? ????? ??? 300/0.210, 340/0.081, 310/0.166 ????? ???? ????????? ???????? ???? ?? ??? ????? ??? 311?/0.036 312?/0.061 ????? ???? ?? (????? ????-?????????) ????? ???? ???????? ????? ????????? ??????? ????? ??? ????? ????-????????? ?? ??? ???? ????????? ?????? ????? ?? ??????????? ?????? ???????? ???? ??????????? ??? ?????? ????????? ????? ????? ?? ????"
9. Now after 28 years, the Gaon Sabha has filed the appeal. The appeal after about 28 years has been admitted without condoning the delay. The certified copy of the appeal has been annexed as Annexure-13 to the writ petition.
10. It appears thatno delay condonation application for condonding the delay was filed and the appeal has been admitted. Even otherwise after about 28 years from the date of order dated 26.04.1995, the filing of the appeal is nothing but abuse of process of law, more so when the record reflects that some residents of Gaon Sabha also initiated proceeding against the petitioner to recall the order dated 26.04.1995 and they had failed in their design to evict the petitioner, and thereafter the present appeal has been filed by Gaon Sabha. In such view of the fact, this Court is of the view that this is an exceptional case where this Court should exercise its power under Article 226 of the Constitution of India to quash the proceedings of Case No.1832 of 2023 (State of U.P. v. Ram Kishor) under Section 331 (3) of the UPZA & LR Act, 1950.
11. Consequently, the writ petition is allowed with no order as to cost.
12. It is further provided that liberty is granted to the respondents to file recall application, in case, there is any concealment of fact by the petitioner in obtaining this order.
Order Date :- 13.3.2024 S.Sharma