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Allahabad High Court

RAJE LAL UTTAMversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The impugned order dated 18‑11‑2024 is set aside and the matter is remitted for a fresh order under Section 67‑A, provided the petitioner files a fresh application with the certified copy within three weeks.

Summary

The petitioner, Raje Lal Uttam, filed a writ petition under Section 67‑A of the Uttar Pradesh Revenue Code, 2006, seeking relief against an order dated 18‑11‑2024. The petition referenced a certified copy of an earlier order dated 11‑07‑2025 in Writ C No. 18359/2022, but failed to attach that copy to the record. The Court observed that the respondent had relied on earlier orders dated 22‑01‑2021 and 20‑07‑2021, which had already been set aside, thereby ignoring the effect of the 11‑07‑2025 order. Consequently, the Court directed the petitioner to file a fresh application under Section 67‑A with the required certified copy, and remitted the matter to the respondent to pass a fresh order. The impugned order of 18‑11‑2024 was set aside and the writ petition was disposed of with the above observations.

Issues considered

  • Whether the petitioner’s failure to attach the certified copy of the order dated 11‑07‑2025 defeats the application under Section 67‑A of the U.P. Revenue Code, 2006.
  • Whether the respondent could rely on the earlier orders of 22‑01‑2021 and 20‑07‑2021 which had been set aside.

Legislation cited

Subjects

  • Writ petition
  • Section 67-A
  • Procedural compliance
  • Remand
  • Set aside order
  • Revenue law

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                                    WRIT - C No. - 41266 of 2025

                                    Raje Lal Uttam
                                                                                                           .....Petitioner(s)
                                                                              Versus

                                    State Of U.P. And 3 Others
                                                                                                        .....Respondent(s)

                                    Counsel for Petitioner(s)              : Himanshu Pandey, Ram                   Kishore
                                                                             Pandey
                                    Counsel for Respondent(s)              : C.S.C., Hari Narayan Singh

                                    Court No. - 32
                                                 HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Heard Sri R.K. Pandey, learned counsel for petitioner and Sri Hari Narayan Singh,
                                    learned counsel for respondents at length.

                                    2. At this stage, Court finds that petitioner while filing application U/s 67-A of U.P.
                                    Revenue Code, 2006, certified copy of order dated 11.07.2025 passed in Writ C No.
                                    18359/2022 was not placed on record though there is a reference in the application,
                                    therefore, it may be a reason that concerned respondent has skipped the effect of said
                                    order and has placed reliance on orders dated 22.01.2021 and 20.07.2021 despite
                                    orders were already set aside and had erroneously rejected the said application.

                                    3. In view of above, it would be appropriate if petitioner files a fresh application under
                                    aforesaid provision along with certified copy of order passed in aforesaid writ petition,
                                    the concerned respondent may pass a fresh order under Section 67-A of Code, 2006 in
                                    the light of aforesaid order.

                                    4. Accordingly, impugned order dated 18.11.2024 is set aside and matter is remitted
                                    back to concerned respondent to pass a fresh order expeditiously, if a fresh application
                                    U/s 67-A is filed within three weeks.

                                    5. Writ petition stands disposed of with above observations.




                                                                                       (Saurabh Shyam Shamshery,J.)
                                    March 19, 2026
                                    N. Sinha




Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad


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