Smt. Phoolmati And 4 Others vs State Of U.P. Thru. Prin. Secy. Revenue ... on 28 April, 2026

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Allahabad High Court

Smt. Phoolmati And 4 Others vs State Of U.P. Thru. Prin. Secy. Revenue ... on 28 April, 2026

Bench: Pankaj Bhatia





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2026:AHC-LKO:30411
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
WRIT - C No. - 4131 of 2026   
 
   Smt. Phoolmati And 4 Others    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Vivek Kumar Verma, Shalini Gupta   
 
  
 
Counsel for Respondent(s)   
 
:   
 
C.S.C., Dilip Kumar Pandey   
 
     
 
 Court No. - 6
 
   
 
 HON'BLE PANKAJ BHATIA, J.

1. Supplementary affidavit filed today in Court is taken on record.

2. Heard learned Counsel for the petitioner as well as Sri Upendra Singh, learned Additional Chief Standing Counsel and Sri Dilip Kumar Pandey, learned Counsel appearing on behalf of the opposite party no.3.

3. The present petition has been filed challenging the order dated 26.06.2023 passed by the SDO, Sadar, Hardoi in Case No.9181 of 2023; under Section 38(1) of the U.P. Revenue Code whereby, the mutation entry in favour of the petitioner was set aside solely based upon the perusal of some report and also ex-parte.

4. The petitioner moved an application for recall of the order dated 26.06.2023, however, he has moved an application for withdrawing the said application.

5. The submission of the Counsel for the petitioner is that no opportunity of hearing was granted while passing the order dated 26.06.2023.

6. A perusal of the order reveals that prior to passing of the said order, no opportunity of hearing was granted to the petitioner, as such, ex-facie the order is in violation of principles of natural justice.

7. As the petitioner was wrongly advised to move a recall application for recalling the order dated 26.06.2023 and now an application has been filed for withdrawing the recall application, the same shall be treated to be dismissed as withdrawn by the authority concerned before whom the recall application is filed.

8. The order dated 26.06.2023, having been passed ex facie in violation of the principles of natural justice, is hereby quashed. The writ petition is allowed.

9. The matter is remanded to the SDM to pass fresh order in accordance with law, after affording opportunity of hearing to the petitioner and after considering his defence that may be taken by him.

(Pankaj Bhatia,J.) April 28, 2026 akverma

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