The court emphasizes the need for remand in cases of procedural irregularities affecting substantive rights.

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

2 02-12-2025 Heard Mr. S.B.K. Mangalam, learned counsel for the petitioner and learned counsel representing the State.

2. The present petition has been preferred for the grant of following relief(s):

“(i) for issuance of an appropriate writ in the nature of CERTIORARI for quashing the judgment and order dated 30.08.2018 passed by the Respondent no.3 in Bataidari Appeal Case No.3/2014-15 (Vijay Kumar Yadav Vs. Manesar Yadav and others), whereby and where under the Respondent no.3 was pleased to allow the appeal and set aside the order dated 04.05.2012 passed by the Respondent no.4 in Bataidari Case No.78 of 2006-07 on the ground that the aforesaid order passed by the Respondent no.4 was the ex-parte order against the Respondent no.5 and, therefore, unsustainable in law.

(ii) For a declaration that if technicalities in the proceeding persuaded the Respondent no.3 to set aside the order passed by the Respondent no.4 after setting aside the order,the Respondent no.3 ought to have remanded the matter back to the Respondent no.4 for fresh consideration in accordance with law and, therefore, could not have finally determined the Bataidari Case of the petitioner sitting in appeal over the order of the Land Reforms Deputy Collector.

(iii) For issuance any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case.”

3. Issue notice to the respondent no.5 and 6 through both processes i.e. ordinary as well as registered cover with A/D for which requisites etc. must be filed within a period of two weeks failing which the application shall stand rejected without further reference to the Bench.

4. In case, the order passed is not complied and the matter accordingly stands dismissed, subsequently, the same be posted under the heading ‘To be Mentioned’.

5. List this case on 27.01.2026.

(Rajiv Roy, J)