Allahabad High Court
SAHAB LALversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The writ petition is disposed of, directing the Assistant Collector/Tehsildar to decide the matter afresh within four months as per the appellate order.
Summary
The petitioner, Sahab Lal, challenged an order dated 08.05.2023 that quashed eviction proceedings initiated under Section 67 of the U.P. Revenue Code, 2006. The State appealed the quash order under Section 67(5), and the Additional District Magistrate set aside the quash order, directing a fresh hearing with an opportunity of hearing to all parties. The petitioner filed the present writ petition seeking a direction to the Assistant Collector/Tehsildar to decide the matter afresh as per the appellate order. The State did not oppose the prayer. The High Court, without interfering with the substantive orders, disposed of the writ petition by directing the Assistant Collector/Tehsildar to decide the matter within four months, subject to no legal impediment.
Issues considered
- What is the appropriate relief in a writ petition seeking enforcement of an appellate order directing a fresh decision under Section 67 of the U.P. Revenue Code?
Legislation cited
- U.P. Revenue Code, 2006 — s. 67, 67(5)
Subjects
- Section 67
- U.P. Revenue Code
- eviction proceedings
- writ petition
- fresh decision
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 8202 of 2026
Sahab Lal
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shashank Dwivedi, Shyam Mohan
Singh
Counsel for Respondent(s) : Azad Rai, C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. In the proceedings initiated against the petitioner under Section 67 of
the U.P. Revenue Code, 2006, an order dated 08.05.2023 was passed by
the Respondent No.3 by which the eviction proceedings were quashed.
2. Aggrieved against the aforesaid, State preferred an appeal under
Section 67(5) which was allowed by the Respondent No.2 namely
Additional District Magistrate/ Additional Collector (Civil Supply),
Prayagraj vide order dated 29.12.2025. By the aforesaid order, order dated
08.05.2023 passed by the Respondent No.3 was set aside and the matter
was remanded back to decide the matter a fresh after providing an
opportunity of hearing to all the parties concerned on merits.
3. Aggrieved against the aforesaid, the petitioner has preferred the present
writ petition.
4. After some arguments, counsel for the petitioner confined his prayer
and prayed that the respondent No.3 namely Assistant Collector/
Tehsildar, Tehsil Handia, District Prayagraj be directed to decide the
matter a fresh pursuant to the order dated 29.12.2025 passed by the
Respondent No.2, expeditiously.
5. This prayer has not been opposed by the learned Standing Counsel
appearing on behalf of State-respondents.
6. In this view of the matter and without interfering with the orders which
WRIC No. 8202 of 2026
2
are under challenge, the present writ petition is disposed of finally
directing the respondent No.3 namely Assistant Collector/ Tehsildar,
Tehsil Handia, District Prayagraj to decide the matter a fresh pursuant to
the order passed by the Respondent No.2 dated 29.12.2025 within a
period of four months from the date of presentation of certified copy of
this order, unless there is no legal impediment.
(Prakash Padia,J.)
March 19, 2026
Swati
Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad
Checking your session…