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Allahabad High Court

PARASNATH GUPTA AND ANOTHERversusSTATE OF U.P. AND 7 OTHERS

Decided

Holding

The Court declined to exercise its writ jurisdiction and disposed of the petition, noting that the petitioners may still pursue their case under Section 34 of the Land Reforms Act.

Summary

The petitioners, Parasnath Gupta and another, challenged an order dated 2 June 2014 that allowed a recall application filed by a contesting respondent and rejected the petitioners' revision on 12 September 2025. The petitioners claimed prejudice from the impugned order and sought relief under the writ jurisdiction of the High Court. The Court observed that the petitioners could still present their case before the concerned respondent under Section 34 of the Land Reforms Act, and that the ex‑parte proceedings dated 15 April 2013 had already been recalled. Consequently, the Court found no basis to exercise its discretionary writ jurisdiction. The writ petition was therefore disposed, with a direction that the petitioners may continue to make legal submissions for an expeditious decision.

Issues considered

  • Whether the High Court should entertain the writ petition challenging the recall order and exercise its discretionary jurisdiction.

Legislation cited

Subjects

  • writ jurisdiction
  • ex‑parte order
  • recall application
  • Section 34
  • Land Reforms Act
  • prejudice
  • legal submissions

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             WRIT - C No. - 43687 of 2025

                                    Parasnath Gupta And Another
                                                                                                  .....Petitioner(s)
                                                                        Versus

                                    State Of U.P. And 7 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)          : Puran Nath Shukla, Sarita Dwivedi
                                    Counsel for Respondent(s)          : C.S.C.

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


                                    1. Heard Sri Puran Nath Shukla, learned counsel for petitioner and Sri
                                    Dhananjai Singh, learned Standing Counsel.

                                    2. Order dated 2.6.2014 is an order whereby Recall Application filed on
                                    behalf of contesting respondent was allowed and revision thereof filed by
                                    petitioner was rejected vide an order dated 12.9.2025.

                                    3. An argument of learned counsel for petitioner that he is highly
                                    prejudiced by impugned order is not sustainable since he is at liberty to
                                    place is case before concern respondent who will decide the application
                                    filed under Section 34 of L.R. Act expeditiously strictly in accordance
                                    with law.

                                    4. It is not disputed that on basis of publication, proceedings were
                                    conducted ex-parte vide an order dated 15.4.2013 which has been
                                    recalled, therefore, Court does not find any reason to exercise its
                                    discretion in writ jurisdiction.

                                    5. Writ Petition is disposed of with an observation that petitioner is still at
                                    liberty to submit all his legal submissions so that matter be decided
                                    expeditiously.



                                                                                 (Saurabh Shyam Shamshery,J.)
                                    March 25, 2026
                                    SB




Digitally signed by :-
SANDEEP BHATTACHARYA
High Court of Judicature at Allahabad


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