SHANE ALI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Jawad Tariq, learned counsel for the petitioners.

(2.) Learned counsel for the petitioners has made out case for interference in the impugned order and reasons thereof are as follows:

(3.) In the aforesaid circumstances, Court is of considered opinion that since an error is writ large and in order to cure it there is no necessity to issue notice to Opposite Parties, therefore, impugned orders dtd. 28/8/2024 passed by Board of Revenue, Uttar Pradesh at Allahabad and order dtd. 8/4/2024 passed by Commissioner District Moradabad are set aside and matter is remanded to Appellate Court to decide the delay condonation application at the first instance after hearing the parties and to proceed on the basis of its outcome taking note of above referred judgment in the case of Ram Prakash (supra) and the Appellate Court will also take note of procedure prescribed under Rule 183 of U.P. Revenue Code, Rules, 2016.