Allahabad High Court

WRIC/5350/2026 of SHRI MURARI Vs STATE OF U.P. AND 3 OTHERS on 8 April 2026

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JUDICATURE AT ALLAHABAD WRIT - C No. - 5350 of 2026 Court No. - 36 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 to 3 and Sri Sher Bahadur Singh, learned counsel for respondent No.4/Gaon Sabha. 2. The petitioner has

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 5350 of 2026

Court No. - 36

HON'BLE MANISH KUMAR NIGAM, J.

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1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 to 3 and Sri Sher Bahadur Singh, learned counsel for respondent No.4/Gaon Sabha.

2. The petitioner has preferred present writ petition inter-alia with the prayer to quash the impugned order dated 23.09.2025 passed by respondent no.2/District Magistrate, Bareilly in Case No. 1479 of 2025 as well as order dated 29.03.2025 passed by respondent no.3-Tehsildar (Sadar), Bareilly District Bareilly in Case No.7935 of 2022.

3. Apart from various other arguments, one of the arguments has been raised by counsel for the petitioner that aforesaid orders were passed in complete violation of the procedure prescribed in para-74 passed in the case of Rishipal Singh and others Vs. State of U.P. and others reported in 2023 (1) ADJ 154 hence same are liable to be set aside. It is argued that complete procedure has also been provided under Section 67 of U.P.Revenue Code, 2006 but the same was not complied with which is clear from perusal of the order impugned itself.

4. This fact is also admitted by counsel for the respondents.

5. In view of the same, since the order dated 23.09.2025 passed by respondent no.2/District Magistrate, Bareilly in Case No. 1479 of 2025 as well as order dated 29.03.2025 passed by respondent no.3-Tehsildar (Sadar), Bareilly District Bareilly in Case No.7935 of 2022 were passed in complete violation of procedure prescribed in the case of Rishipal Versus Counsel for Petitioner(s) : Sanjeev Kumar Mishra Counsel for Respondent(s) : C.S.C., Sher Bahadur Singh Shri Murari .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)

(supra) hence same are liable to be quashed and are hereby quashed.

6. With the aforesaid observations, the writ petition is allowed. No order as to costs.

7. The respondent no.3-Tehsildar(Sadar), Bareilly District Bareilly is directed to pass fresh order in accordance with law expeditiously. April 9, 2026 Ved Prakash WRIC No. 5350 of 2026 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad

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