WRIC/17884/2026 of LATURI SINGH Vs STATE OF U.P. AND 4 OTHERS

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 17884 of 2026 Court No. - 2 HON'BLE VIVEK SARAN, J. 1. Heard Sri Ashok Kumar Singh, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. Instant petition has been filed for following relief: "i) Issue a writ, order or direction in the nature of certiorari to quashed the impugned order dated 20.01.2026 passed by Up- Ziladhikari (Judicial) Tehsil-Patiyali, District Kasganj in Case No.4380 of 2022 "State of U.P. Vs. Latoori Singh" under section 38(2) U.P. Revenue Code-2006." 3. Learned counsel for the petitioner submits that the order under Section 38 of the U.P. Revenue Code, 2006 (hereinafter referred to as 'the Code, 2006'), has been passed without affording any opportunity and as such is bad in law. 4. Per contra, learned Standing Counsel submits that as per proviso to Section 209 of the Code, 2006, petitioner can move an application for recall of the order. 5. Having heard learned counsel for the parties and having perused the record, this Court finds that although it was incumbent upon the authority to have passed the order after calling for an objection, since Section 38 Sub-clause 3 provides that any order need to be passed after considering objection and evidence which may be produced. However, in view of first proviso to Section 209 of the Code, 2006 which provides for liberty to the aggrieved party to move an application for setting aside the ex parte  order within 30 days. First proviso to Section 209 of the Code, 2006 reads as under: Versus Counsel for Petitioner(s) : Ashok Kumar Singh, Pratibha Singh Counsel for Respondent(s) : C.S.C., Krishna Kant Singh Laturi Singh .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) "Provided that any party aggrieved by order passed ex-parte or by default may move application for setting aside such order within a period of thirty days from the date of the order." 6. In such view of the matter, this petition is disposed of with liberty to the petitioner to move an application for setting aside of the order dated 20.01.2026 passed by respondent no.3/Sub-Divisional Magistrate (Judicial), Tehsil Patiyali, District Kasganj. It is further provided that on the petitioner moving such an application, the issue of limitation of 30 days shall not be raised by the respondents and the same shall be considered and decided on the objections and evidence, if any submitted by the petitioner. 7. The petitioner undertakes to file such an application within a period of 15 days from today and in the event such an application is filed, the same shall be considered and decided by the authority by passing reasoned and speaking order within a further period of 30 days. 8. Till a period of 45 days from today, no coercive steps shall be taken against the petitioner. May 6, 2026 Deepika WRIC No. 17884 of 2026 2 (Vivek Saran,J.) Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad