Ramesh and Another v. Up-Ziladhikari, Tehsil Tanda, Ambedkar Nagar and Others

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 7204 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J.

¶1Heard learned counsel for the petitioners as well as learned Standing Counsel for the State respondent No.s 1 and 5 while notice on behalf of respondent No.4-Gram Panchayat has been accepted by Sri Mohan Singh.

¶2In view of the order proposed to be passed, requirement of issuance of notice to private respondents are hereby dispensed with.

¶3Instant petition has been filed by the petitioner praying for direction to the respondent No. 1/Up-Ziladhikari, Tehsil Tanda, District Ambedkar Nagar to decide recall application dated 11.10.2023 filed in case No.T-202204040305054 "Ramesh and another Vs. Mewalal and others", under Section 144 of U.P. Revenue Code, expeditiously.

¶4It has been submitted by learned counsel for petitioner that the said declaratory suit is pending since 2022 and the order-sheet annexed by the petitioner is from 2022 which indicates that no proceedings could take place due to call for boycott of the local bar association. The facts which are evident from the order-sheet indicates that there is frequent call for boycott by the local bar association which, in fact, is deprecated by this Court considering the judgment of Hon'ble Supreme Court in the case of Ex-Capt. Harish Uppal Vs. Union of India and another reported in 2003 (2) SCC 45 and it is noticed that even the application for mutation are not being considered and decided because of the call for boycott.

¶5Such an action of the local bar association may amount to criminal contempt being a direct conflict with the judgment of Hon'ble Supreme Court and this Court leave it open for the petitioner to invoke the said jurisdiction in case they are so legally advised.

¶6The present writ petition is disposed of with a direction to respondent No. 1/Up-Versus Counsel for Petitioner(s) : Shri Kishan Prajapati, Dhruv Ashish Counsel for Respondent(s) : C.S.C., Mohan Singh Ramesh And Another .....Petitioner(s) Up-Ziladhikari, Tehsil Tanda, Ambedkar Nagar And Others .....Respondent(s) Ziladhikari, Tehsil Tanda, District Ambedkar Nagar is directed to decide recall application dated 11.10.2023 filed in case No.T-202204040305054 "Ramesh and another Vs. Mewalal and others", under Section 144 of U.P. Revenue Code, expeditiously, say, within a period of four months from the date a certified copy of this order is produced before him in case there is no legal impediment and subject to cooperation of the petitioner.

¶7Learned counsel for petitioner undertakes that petitioner shall appear on all the dates fixed before concerned authority irrespective of the call for boycott and in case any person creates impediment in appearance this Court grants him liberty to file an application for criminal contempt.

¶8With the aforesaid directions, the writ petition stands disposed of.

¶9The petitioner shall serve a copy of this order to the President and Secretary of local bar association for their compliance. December 16, 2025 RKM. A227 No. 7204 of 2025 (Alok Mathur,J.) High Court of Judicature at Allahabad, Lucknow Bench