- Court
- High Court of Judicature at Allahabad
- Decided
- 27 November 2023
- Case no.
- WRIC 36841/2023
Judgment
Court No. - 47 Case :- WRIT - C No. - 36841 of 2023 Petitioner :- Maharaj Singh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vipin Kumar Yadav Counsel for Respondent :- CSC,Hari Narayan Singh Hon'ble Arun Kumar Singh Deshwal,J.
¶1Heard Sri Vipin Kumar Yadav, learned counsel for the petitioners, Sri Adarsh Tripathi, Advocate holding brief of Sri Hari Narayan Singh, learned counsel for the Gaon Sabha and Sri S.P. Singh, learned Standing Counsel for the State.
¶2Present petition has been filed for following relief; i. Issue a writ, order or direction in the nature of certiorari quashing the impugned recovery certificate dated 26.09.2023 issued by respondent no.3 against the petitioners in pursuance of Case No. T202303220503658-2023 (Gaon Sabha vs Maharaj Singh and others). ii. Issue a writ, order or direction in the nature of mandamus directing the respondent no.3 not to further proceed the Case No.T202303220503658-2023 (Gaon Sabha vs Maharaj Singh and others), pending before the respondent no.3.
¶3Contention of counsel for the petitioner is that the impugned notice dated
26.09.2023 is absolutely illegal and the same was issued without following the procedure as required under Section 67 of the U.P. Revenue Code, 2006.
¶4After hearing the learned counsel for the parties and perusal of record, it appears that the impugned notice dated 26.09.2023 was issued in the proceeding of Case No. T202303220503658-2023 under Section 67 of U.P. Revenue Code, 2006 by which the petitioner was directed to submit his reply. Therefore, there is no illegality in the impugned notice.
¶5However, petitioner is permitted to file reply to the notice dated 26.09.2023. In case, such a reply is filed by the petitioners within a period of 10 days from today, the concerned authority is directed to decide the same in accordance with law.
¶6With the aforesaid direction, the petition is disposed of. Order Date :- 28.11.2023 A.Kr. High Court of Judicature at Allahabad
Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.