Back
IN THE HIGH COURT OF ALLAHABAD
JASPREET SINGH
Arvind Kumar Singh – Appellant
Versus
State Of U.P. Thru. Collector, Ayodhya – Respondent
JUDGMENT :
Jaspreet Singh, J.
1. Heard learned counsel for the petitioner as well as the learned Standing Counsel for the State-respondents. Sri Mohan Singh, learned counsel, for the respondent no. 4-Gaon Sabha.
2. This Court had passed an order dated 07.11.2024 and in pursuance thereof the respondent no. 2 was required to submit his explanation. In furtherance thereof Sri Ajay Kant Saini, Additional Commissioner (Administration), Ayodhya Mandal, Ayodhya has appeared and filed his personal affidavit which is taken on record and has also shown the original records relating to the Revision No. 1193 of 2024 (Smt. Vimla Devi Vs. Vijay Kumar and Others).
3. The petitioner has instituted the present petition wherein he seeks quashing of the order dated 05.09.2024 passed by the respondent no. 2 whereby the revision was allowed without issuing notice and even without condoning the delay at the admission stage itself and remitted the matter to the court of first instance to consider and decide the controversy after affording an opportunity of hearing to the parties.
4. The primary dispute had arisen between the petitioner and the private respondents in a suit filed under Section 144 of the U.P
An order passed without issuing notice to involved parties and without condoning delay is jurisdictionally incorrect, violating principles of procedural fairness.
Judicial proceedings must follow prescribed procedures; failure to document and hear parties leads to invalid orders, undermining public trust in the justice system.
Orders must adhere to principles of natural justice, and failure to do so renders them invalid.
The court emphasized that orders affecting rights must follow due process, ensuring fair opportunity for all parties before any decision is made.
The court ruled that an ex parte order requires a recall application to be maintainable, emphasizing the need for parties to be heard before any interim orders are issued.
Judicial integrity must be maintained through consistency in orders, and manipulation of judicial records undermines the rule of law and public confidence.
The central legal point established in the judgment is the need for a liberal approach in matters relating to condonation of delay, emphasizing the importance of substantial justice and not denying p....
The court emphasized that the principles of natural justice require a fair hearing and reasoned decisions, which were violated in this case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
