Allahabad High Court

LATURI SINGHversusSTATE OF U.P. AND 4 OTHERS

Decided: 5 May 2026
Bench: VIVEK SARAN

Holding

The Court held that the petitioner may move an application under Section 209 to set aside the ex‑parte order, and therefore the petition is disposed without granting certiorari.

Summary

Petitioner Laturi Singh challenged an order dated 20.01.2026 passed by the Up‑Ziladhikari (Judicial) of Tehsil‑Patiyali under Section 38(2) of the U.P. Revenue Code, 2006, alleging it was issued ex‑parte without giving him an opportunity to be heard. The respondents contended that the proviso to Section 209 of the same Code permits the aggrieved party to apply for recall of such an order within thirty days. The Court observed that while Section 38 sub‑clause 3 requires consideration of objections and evidence before passing an order, the petitioner is nevertheless entitled to move an application under Section 209 to set aside the ex‑parte order. Accordingly, the petition was disposed, granting the petitioner liberty to file the application within fifteen days and staying any coercive action for forty‑five days. The Court directed that the limitation defence of thirty days not be raised and that the authority decide the application within thirty days of filing.

Issues considered

Whether the order passed under Section 38(2) of the U.P. Revenue Code, 2006, is invalid for being issued ex‑parte without hearing.
Whether the petitioner can invoke the proviso to Section 209 of the U.P. Revenue Code, 2006, to set aside the ex‑parte order despite the limitation period.
Whether the Court can stay coercive steps against the petitioner pending the filing of the application.

Legislation cited

U.P. Revenue Code, 2006 — s. 209, 38(2), 38(3)

Subjects

certiorari
ex‑parte order
Section 38
Section 209
procedural fairness
limitation period
stay of execution
High Court of Allahabad

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 17884 of 2026

Laturi Singh
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)

Counsel for Petitioner(s) : Ashok Kumar Singh, Pratibha Singh
Counsel for Respondent(s) : C.S.C., Krishna Kant Singh

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:
WRIC No. 17884 of 2026
2

"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
(Vivek Saran,J.)

Digitally signed by :-
DEEPIKA SINGH
High Court of Judicature at Allahabad

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