# Sheetal Chaudhary v. State of U.P. & Ors

- **Citation:** (2025) 2 ILRA 509
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2025-02-20
- **Case number:** Writ-A No. 19167 of 2024
- **Bench:** Ajay Bhanot
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/sheetal-chaudhary-v-state-of-u-p-ors-53006
- **Pages:** 10

## Headnote

Law
-
Role
and
responsibility of State and Society - The
families of defence personnel cannot be
abandoned or left to their own devices by the
State. The sacrosanct promise of the State
and the pious duty of State officials is thus
to ensure the safety, well being and
welfare of families of service personnel
who are separated due to exigencies of
military service. (Para 15)

The State authorities/local administrations have
to ensure that any communication sent by a
serving
military
officer/formation
commander/Commanding Officer in regard to
harassment or other problems or welfare issues
being faced by the family members of defence
personnel
posted
elsewhere
are
promptly
attended to and efficaciously redressed by the
510 INDIAN LAW REPORTS ALLAHABAD SERIES
competent State authorities. True also for family
members of those military personnel who
embrace martyrdom in the line of duty. For this
purpose a system of accountability also has to
exist in the State Government. (Para 17)

B. The deficiencies in the existing system
of grievance redressal - A proper system
has to be put in place and made to
function
to
meet
the
demands
of
emergent situation.

Various GOs dated 17.09.2008, 30.03.2015,
06.05.2015 and 30.06.2016, which direct the
local administration to promptly response to
grievances of defence personnel have been
brought in the record by the State. (Para 21)

The aforesaid system of GOs is clearly
inadequate and not delivering the desired
results. The infirmities in the existing system are
these. There is no oversight of a High
Powered State Level Committee. Proper
representation of military authorities is
absent. Meetings of civil administration
and military authorities are not held with
prescribed
regularity.
There
is
no
accountability in the functioning of the
said committees. (Para 22)

C. Inter Services Coordination - The
three services shall establish full inter
services coordination for the securing
the welfare of the separated families
of serving personnel. Concert in peace is
precursor to synergy in war. The three
services shall create proper SOPs for
sending the representations /complaints of
various serving armed forces personnel
through their Commanding Officers to the
concerned committees. All Commanding
Officers and service personnel in the
country
be
duly
intimated
about
the
existence of the above said committees and
their purpose. (Para 42)

D. Conclusions - The High Powered State
Level Committee should ensure that the model
created by the State of Uttar Pradesh becomes
a benchmark of excellence and a template for
other States in the country. (Para 43)

Writ petition disposed of. (E-4)

## Text

2 All. Sheetal Chaudhary Vs. State of U.P. & Ors.
509
of U.P. v. Shri Prakash Gupta and others
(supra), may not be of much assistance to
the petitioner. It also has to be borne in
mind that most of these cases, on which the
petitioner has relied on facts, have seen the
inquiry go through with all material on
record. Here, the petitioner wants the
charge-sheet to be quashed and the
proceedings nipped in the bud. It is
certainly possible in a case if on the face of
it, the charge is no more than an error of
judgement or mere negligence or even
perversity in decision making by a quasijudicial authority. But, that is not the case
here. This is a charge which is required to
be determined at the inquiry, which will
have to take its own course. Thus, it is
perhaps for this reason that the petitioner
has come up with the alternative prayer to
the effect that a mandamus be issued to
conclude
the
disciplinary
proceedings
against him expeditiously. While we are of
opinion that the charge-sheet in this case
cannot be quashed at the threshold,
considering the fact that the petitioner's
promotion is due, it is imperative that the
disciplinary proceedings (not just the
inquiry) be expedited.

29. We would, therefore, direct the
disciplinary
proceedings
against
the
petitioner to be concluded within a period
of eight weeks from the date of receipt of a
copy of this order by the Additional Chief
Secretary (Revenue), Government of U.P.,
Lucknow in accordance with law and the
guidance in this judgment about the the
manner of holding the inquiry. Final orders
shall be passed in the disciplinary matter
within a period of eight weeks and the
petitioner
shall
cooperate
with
the
proceedings.

30. This petition stands disposed of in
terms of the aforesaid orders.

31. There shall be no order as to costs.

32. The Registrar (Compliance) is
directed to communicate this order to the
Additional Chief Secretary (Revenue),
Government of U.P., Lucknow through the
learned
Chief
Judicial
Magistrate,
Lucknow.
----------
(2025) 2 ILRA 509
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 20.02.2025

BEFORE

THE HON'BLE AJAY BHANOT, J.

Writ-A No. 19167 of 2024

Sheetal Chaudhary ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Vinay Kumar

Counsel for the Respondents:
C.S.C., Manoj Kumar Singh, Suresh Kumar
Maurya

A.
Administrative
Law
-
Role
and
responsibility of State and Society - The
families of defence personnel cannot be
abandoned or left to their own devices by the
State. The sacrosanct promise of the State
and the pious duty of State officials is thus
to ensure the safety, well being and
welfare of families of service personnel
who are separated due to exigencies of
military service. (Para 15)

The State authorities/local administrations have
to ensure that any communication sent by a
serving
military
officer/formation
commander/Commanding Officer in regard to
harassment or other problems or welfare issues
being faced by the family members of defence
personnel
posted
elsewhere
are
promptly
attended to and efficaciously redressed by the
510 INDIAN LAW REPORTS ALLAHABAD SERIES
competent State authorities. True also for family
members of those military personnel who
embrace martyrdom in the line of duty. For this
purpose a system of accountability also has to
exist in the State Government. (Para 17)

B. The deficiencies in the existing system
of grievance redressal - A proper system
has to be put in place and made to
function
to
meet
the
demands
of
emergent situation.

Various GOs dated 17.09.2008, 30.03.2015,
06.05.2015 and 30.06.2016, which direct the
local administration to promptly response to
grievances of defence personnel have been
brought in the record by the State. (Para 21)

The aforesaid system of GOs is clearly
inadequate and not delivering the desired
results. The infirmities in the existing system are
these. There is no oversight of a High
Powered State Level Committee. Proper
representation of military authorities is
absent. Meetings of civil administration
and military authorities are not held with
prescribed
regularity.
There
is
no
accountability in the functioning of the
said committees. (Para 22)

C. Inter Services Coordination - The
three services shall establish full inter
services coordination for the securing
the welfare of the separated families
of serving personnel. Concert in peace is
precursor to synergy in war. The three
services shall create proper SOPs for
sending the representations /complaints of
various serving armed forces personnel
through their Commanding Officers to the
concerned committees. All Commanding
Officers and service personnel in the
country
be
duly
intimated
about
the
existence of the above said committees and
their purpose. (Para 42)

D. Conclusions - The High Powered State
Level Committee should ensure that the model
created by the State of Uttar Pradesh becomes
a benchmark of excellence and a template for
other States in the country. (Para 43)

Writ petition disposed of. (E-4)
(Delivered by Hon'ble Ajay Bhanot, J.)

1.
The
judgement
is
being
structured in the following conceptual
framework to facilitate the discussion:

I

Introduction

II

Submissions

III

Letter of the Commanding Officer and the
Response of the State Government

IV

Armed Forces:

A
Role: Contribution
of Armed Forces
B
Privations suffered
by
families
of
defence
personnel
due to separations
caused by military
service
V
Role and responsibility of the State and the
Society
VI
Directions to the State Government
VII
Response of the
State
Government
and the District
Administration:

A
Response
of
the
District
Administration
B
Response
of
the
State Government
BI

The deficiencies in
the existing system
of
grievance
redressal
BII
Contours
of
the
new
grievance
redressal
and
welfare system set
up by the State
VIII
High Powered State Level Committee:
Composition, Meetings & Quorum
IX
District Level Committee : Composition,
Meetings & Quorum
X
Inter Services Coordination
XI
Conclusions

I. Introduction:

2. The petitioner is an Assistant
Teacher. The petitioner's husband is a
serving army personnel who is deployed at
a sensitive border area. The petitioner
claims that the absence of a male member
of her family has made her an easy target
for victimization and that she is being
2 All. Sheetal Chaudhary Vs. State of U.P. & Ors.
511
harassed by one Shiksha Mitra. Her
representations to various authorities of the
State have been of no avail. The letter
written by the Commanding Officer of her
husband's battalion too has not been acted
upon by the local State authorities.

3. The question that arises for
consideration
in
the
facts
and
circumstances of this case also raises a
larger question of public law as regards the
nature of support systems to be provided by
the State Government to similarly situated
families of serving Armed Forces personnel
and martyrs of the Armed Forces by the
State Government.

I. Submissions:

4. Shri Vinay Kumar, learned counsel
for the petitioner has made the following
submissions:

i) The petitioner is undergoing
severe hardships and harassment as her
husband who is a serviceman is posted afar
in
the
line
of
duty.
The
district
administration has not paid any attention to
her plight. Her grievances have not been
redressed despite a communication being
sent by the Commanding Officer of her
husband to the competent civil authorities.

ii). The failure of the civil
administration to redress the problems
faced by the separated families of service
personnel is a systemic one. The State
Government has not evolved any response
to the same. The problem has serious
ramifications and has to be addressed with
urgency.

5.
Shri
Ashok
Mehta,
learned
Additional Advocate General assisted by
Shri
Subhranshu
Shekhar,
learned
Additional Chief Standing Counsel for the
State submits that the State Government is
fully resolved to provide an efficacious
system for grievance redressals and cater to
the welfare of separated families of serving
service personnel. A committee in this
regard shall be set up by the State
Government which is composed of Senior
State officials and service officers. The
directions of the Court in this regard shall
be duly implemented. An enquiry has been
made into the grievances of the petitioner
and action as per law will be taken.

6. Shri Shashi Prakash Singh, learned
Additional Solicitor General of India
assisted by Shri Manoj Kumar Singh,
learned
Central
Government
Counsel
submits that there is a need for creation of
the aforesaid committee by the State
Government for the welfare of serving
military personnel and the Armed Forces
fully support the setting up of the said
committee.

III. Letter of the Commanding
Officer and the Response of the State
Government:

7. The Commanding Officer of the
20th Battalion Rajputana Rifles of the
Indian Army in which the petitioner's
husband is serving was seized with the
challenges being faced by her. Colonel
Anand A. Shirali, Commanding Officer
20th Rajputana Rifles had sent a letter
dated 10.09.2024 in this regard to the
District
Collector,
Firozabad,
Superintendent of Police, Firozabad for
taking appropriate measures and providing
redress to the family.

8. The relevant parts of the letter
which depict the highest form of leadership
and an awesome command of language are
extracted hereunder:
512 INDIAN LAW REPORTS ALLAHABAD SERIES

"WELFARE
OF
SOLDIER
FAMILY"

"1. An application dated 08
September
2024
from
JC-473099X
Subedar Hamvir Singh, S/o Shri Bijendra
Singh resident of Vill-Nagla Tulsi, Post
Office-Tundla, Tehsil - Tundla, DistrictFirozabad (Uttar Pradesh), is hereby
forwarded for your review and necessary
action please.

2. Subedar Hamvir Singh is
currently serving with 20th Battalion of the
Rajputana Rifles of Indian Army since 12
Jan 1999 and is presently deployed in a
sensitive area alone the Line of Control in
Jammu & Kashmir. His wife, Mrs. Sheetal
Chaudhary, is employed as an Assistant
Teacher at a Primary School in Siroliya.
Mr. Nepal Singh, a resident of Village -
KutuburJarkhi,
has
apparently
been
harassing and threatening Mrs. Sheetal
Chaudhary, using abusive language. This
has caused significant distress to the
individual in discharge of his duties and
also severely impacting her husband's
ability to perform his military duties.

3. I therefore request that your
esteemed office to investigate the matter as
mentioned in the application and assist in
resolving the issue faced by the family of
this serving soldier. It is further requested
that
coordination
with
the
District
Education Officer be undertaken to either
transfer Mrs. Sheetal Chaudhary to a more
suitable location with better working
conditions, where she can work to her full
potential without frustration or to take
appropriate action against Mr. Nepal Singh
to ensure the issue is resolved amicably.

4. You are requested to kindly
inform this office at the action taken in
response to this application for the benefit
of the serving soldier.
5. Your cooperation in this matter will be
highly appreciated."

9. The letter is animated by the
enduring ethos of the Indian Army which is
better summed up in a Hindi rendering of
Chetwodian1 ideals extracted below:

"सबसे पहले देश सुरक्षा मान और
सम्मान,

तदनन्तर वो वीर ससपाह जजनपर
तुल िमान,

अधधिार समवपथत अधधनायि है
ित्तथव्य हमार शान"

10. The said letter also sums up the
position of Commanding Officer as the
pater familias of all officers and troops
under command. The Commanding Officer
is the key lumbar of the spinal column of
military leadership. Failure of the State
authorities to respond to communications
pertaining to welfare of families of those
under command sent by Commanding
Officers will have serious consequences.
Inability of State officials to act with
despatch on the said communications will
degrade the sanctity of the office of the
Commanding
Officer
and
ultimately
compromise the morale of the services.

11. According to the petitioner, no
action
was
taken
on
the
aforesaid
communication as also the representations
made by her.

IV. Armed Forces :

A. Role: Contribution of Armed
Forces

B. Privations suffered by families of
defence personnel due to separations
caused by military service

A. Role: Contribution of Armed
forces:
2 All. Sheetal Chaudhary Vs. State of U.P. & Ors.
513

12. Armed forces are the custodians of
the sovereignty and integrity of the country.
Defence personnel perform their high
duties even at the peril of their lives. The
storied history of the Indian Armed Forces
is about lives of the men and women in
uniform who have always been willing to
pay any price, suffer all privations, and to
make the supreme sacrifice for the defence
of our nation and to keep us safe.

13. The soil of this nation is nourished
by the blood of her martyrs. The sweat,
tears and toil of service personnel pervade
the air and waters of the land. The supreme
sacrifices of the martyrs are etched in the
eternal memory of our race. The sacrifices
being made by those in uniform day in and
day out are embedded in the public
consciousness of our nation.

B. Privations suffered by military
families due to separations caused by
military service:

14. The families of service personnel
are often separated due to exigencies of
military service. These separations entail
hardships for the families. The families of
military personnel so separated become
vulnerable on account of an unresponsive
administration, and the service personnel
become despondent interfacing with an
impersonal
bureaucracy.
In
these
conditions separated families of serving
military personnel may suffer harassment,
deprivations and denial of rights vested by
law.

V. Role and responsibility of the
State and the Society:

15.
The
families
of
defence
personnel
thus
separated
cannot
be
abandoned or left to their own devices by
the State. The sacrosanct promise of the
State and the pious duty of State officials is
thus to ensure the safety, well being and
welfare of families of service personnel
who are separated due to exigencies of
military service.

16. The promise of the State to all
defence personnel is irrevocable. The duty
of the State officials to redeem the promise
is inviolable. This assurance should warm
the hearts and fortify the souls of the
defence personnel who guard our frontiers.

17. The State authorities / local
administrations have to ensure that any
communication sent by a serving military
officer
/
formation
commander
/
Commanding
Officer
in
regard
to
harassment or other problems or welfare
issues being faced by the family members
of defence personnel posted elsewhere are
promptly attended to and efficaciously
redressed
by
the
competent
State
authorities. True also for family members
of those military personnel who embrace
martyrdom in the line of duty. For this
purpose a system of accountability also has
to exist in the State Government.

VI.
Directions
to
the
State
Government:

18. On 04.12.2024 the following order
was passed by this Court:

"The
State
Government
is
directed to formulate a policy for the
welfare, safety and well being of the
families who are separated from their kith
and kin due to exigencies of military
service. The policy shall create structures to
promptly
deal
with
complaints
of
harassment and threats being extended to
family members of military personnel
514 INDIAN LAW REPORTS ALLAHABAD SERIES
serving in different parts of the country or
those who perish fighting for the nation.
The policy shall identify/nominate officials
including the District Magistrates and the
police chiefs of the districts and other nodal
officials in various ministries to implement
the aforesaid scheme.

The State can discharge these
obligations only if there is full concert
between the State Government, the local
administration and the military authorities
or fall in the line of the duty. A joint
committee comprising of senior State and
military officials shall regularly meet and
constantly monitor the compliance of the
above directions. The military authorities
shall also create a structure wherein the
complaints are forwarded to the nearest
military formations where the separated
families are residing and monitor the
progress of action taken on each complaint.

The Chief Secretary, Government
of Uttar Pradesh, Lucknow and General
Officer
Commanding-in-Chief
Central
Command shall conduct a meeting within
10 days
and
devise
an
appropriate
mechanism for compliance of the above
directions."

19. The district administration was
also directed to file a response in the facts
of the instant case.

VII.
Response
of
the
State
Government
and
the
District
Administration:

A.
Response
of
the
District
Administration:

20. The district administration has
informed the Court that the grievance of the
petitioner has been fully considered and
action has been taken thereon. The Shiksha
Mitra has now been transferred to another
institution. Some allegations have not been
made out upon enquiry. The petitioner's
prayer for transfer to another school shall
be considered as per law and in institutional
interests at the time of the regular transfers.

B.
Response
of
the
State
Government:

B-I. The deficiencies in the existing
system of grievance redressal:

21. Various Government Orders dated
17.09.2008, 30.03.2015, 06.05.2015 and
30.06.2016,
which
direct
the
local
administration to promptly response to
grievances of defence personnel have been
brought in the record by Shri Ashok Mehta,
learned Additional Advocate General.

22.
The
aforesaid
system
of
Government Orders is clearly inadequate
and not delivering the desired results. The
infirmities in the existing system are these.
There is no oversight of a High Powered
State
Level
Committee.
Proper
representation of military authorities is
absent. Meetings of civil administration
and military authorities are not held with
prescribed
regularity.
There
is
no
accountability in the functioning of the said
committees. A proper system has to be put
in place and made to function to meet the
demands of emergent situation.

B-II. Contours of the new grievance
redressal and welfare system set up by
the State:

23. The State Government and the
Chief Secretary, Government of Uttar
Pradesh,
Lucknow
have
acquitted
themselves with high credit by rising to the
occasion, and assuring the services that the
State Government of Uttar Pradesh stand
shoulder to shoulder with the defence
2 All. Sheetal Chaudhary Vs. State of U.P. & Ors.
515
services and have the back of service
personnel at all times.

24. A statement has been made by Shri
Ashok Mehta, learned Additional Advocate
General that the State Government is
unconditionally committed to a well
structured and efficacious system to redress
the grievances of families of service
personnel and to cater to their welfare. The
system
shall
promptly
process
the
complaints or representations sent by the
Commanding Officers of the Armed
Forces. All suggestions of the services in
this regard will be examined, and directions
of the Court shall be duly complied with
without demur.

25. In compliance of the direction
of this Court, a meeting was held
between the Chief Secretary, State of
Uttar
Pradesh,
GoC-in-C,
Central
Command and representatives of the
Indian
Air-Force.
The
meeting
considered the organizational structure
and processual arrangements to be
created for the aforesaid purpose.

26. The Government Order composing
a High Powered State Level Committee
(for looking into the grievances and welfare
of the serving service personnel and
martyrs of the armed forces) was promptly
taken out by the Government of Uttar
Pradesh on 17.01.2025.

27. The said High Powered State
Level Committee which is headed by the
Chief Secretary, Government of Uttar
Pradesh is composed of various Additional
Chief Secretaries and Principal Secretary
rank officers of the State Government and
the
GoC-in-C,
Central
Command
as
members.

28. The presence of Senior State
officials with the Chief Secretary as the
Chair well equips the High Powered State
Level Committee to address the issues at
hand. However, the representation of the
services leaves something to be desired. A
response was called from the State
Government in this regard.

29. It was submitted by Shri Ashok
Mehta,
learned
Additional
Advocate
General assisted by Shri Subhranshu
Shekhar, learned Additional Chief Standing
Counsel for the State that the State
Government is open to the idea of
inducting any other members of the
defence services as may be required in the
interests of the services in the aforesaid
Committee. Suggestions were also invited
by this Court from the military as well as
Air-Force authorities.

VIII. High Powered State Level
Committee: Composition, Meetings &
Quorum

30. The representation of the
service members in the said committee is
being recast with consent of the State
Government. The composition of the High
Powered State Level Committee created
under
the
Government
Order
dated
17.01.2025, is modified to the extent of
military representation:

Chairperson
of
the
High
Powered State Level Committee:

I. Chief Secretary, Government of
U.P. is the Chairperson of the High
Powered State Level Committee.

Members of the Committee
from the State administration:

I. Additional Chief Secretary,
Department of Home, Government of Uttar
516 INDIAN LAW REPORTS ALLAHABAD SERIES
Pradesh (Member of the State Government)
Officer of the State;

II. Additional Chief Secretary,
Department of General Administration,
Government of Uttar Pradesh;

III. Principal Secretary, Revenue
Department, Government of Uttar Pradesh;

IV.
Principal
Secretary,
Department of Army Welfare

V. Director, Department of Sainik
Welfare and Resettlement, Uttar Pradesh,
Lucknow

Members of the Committee
from the Indian Army:

1. General Officer Commandingin-Chief, Central Command;

2. General Officer Commanding,
Madhya Uttar Pradesh Sub-Area;

3. Brigadier Administration, HQ
Central Command;

4. Assistant Adjutant General,
HQ Central Command;

Members of the Committee
representing the Indian Air Force:

1. Air Officer Commanding-inChief, Central Air Command (AOC-in-C
CAC);

2.Senior
Officer-in-Charge
Administration, Central Air Command
(SOA CAC).

Members of the Committee
from the Indian Navy:

31. The interests of the Indian Navy
shall be protected by the officials of the Indian
Army in the Committee after due consultation
with the competent authority in the naval
headquarters. It is also open to the Navy to
appoint any officer in this regard.

32. It is further clarified that the
GoC-in-C, Central Command, the AOC-inC Central Air Command and the Indian
Navy may vary the composition (without
increasing
the
strength)
of
military
representation depending upon the service
needs in future.

33. The Chief Secretary, State of
Uttar
Pradesh/Chairperson
of
the
Committee may also, if required enlarge
the strength of the State officials in the
Committee.

34. The first meeting shall be held
within a period of one month from the date
of receipt of a certified copy of this order.

35. The High Powered State Level
Committee thus constituted shall develop
their own procedures and frequency of
meetings after mutual consultation. The
meetings shall be called regularly and may
be requisitioned at the instance of either
parties.

36. The quorum of the meetings
will be as follows:

A). 50% of the members of the
committee is the quorum for the meetings.

B). Presence of at least one
officer of the defence services as a member
shall be mandatory to satisfy the quorum.

37. The Chairperson/Chief Secretary,
State of Uttar Pradesh shall possess
overriding powers to achieve the object and
purpose of the said Committee.

IX.
District
Level
Committee:
Composition, Meetings & Quorum

38. The District Level Committee
shall be constituted in every district of the
State of Uttar Pradesh shall be constituted
as under:

A.
District
Magistrate
(Chairman);
2 All. Sheetal Chaudhary Vs. State of U.P. & Ors.
517

B.
Superintendent
of
Police/Senior
Superintendent
of
Police/Commissioner
of
Police/Police
Chief of the district;

C. Any other officer as may be
nominated by the District Magistrate;

D. The representatives of the
local military authorities may be nominated
by the competent headquarters.

39. The first meeting of the District
Level Committees' shall be held within one
month from the date of receipt of a certified
copy of this order.

40. The District Level Committees'
thus constituted shall develop their own
procedures and frequency of meetings after
mutual consultation. The meetings shall be
called regularly and may be requisitioned at
the instance of either parties.

41. The quorum of the meetings will
be as follows:

A). 50% of the members of the
committee is the quorum for the meetings.

B). Presence of at least one
officer of the defence services as a member
shall be mandatory to satisfy the quorum.

X. Inter Services Coordination:

42. The three services shall establish
full inter services coordination for the
securing the welfare of the separated
families of serving personnel. Concert in
peace is precursor to synergy in war. The
three services shall create proper SOPs for
sending the representations /complaints of
various serving armed forces personnel
through their Commanding Officers' to the
concerned committees. All Commanding
Officers and service personnel in the
country be duly intimated about the
existence of the above said committees and
their purpose.

XI. Conclusions:

43. The said High Powered State
Level Committee should ensure that the
model created by the State of Uttar Pradesh
becomes a benchmark of excellence and a
template for other States in the country.

44. The Court would like to commend
the stand taken by the Chief Secretary,
Government of Uttar Pradesh, Lucknow,
and the assistance rendered by Shri Ashok
Mehta,
learned
Additional
Advocate
General assisted by Shri Subhranshu
Shekhar, learned Additional Chief Standing
Counsel for the State. A major impetus has
been given to the cause of welfare of
separated families of servicemen and kin of
martyrs because of their constructive
approach.

45. The assistance of Major Steve
Barreto, OIC, Legal Cell HQ Purva UP &
MP Sub Area in assisting the Court to
navigate the various issues is highly
appreciated. His contribution cannot be
overlooked by the military authorities.

46. Copies of this order be sent by the
learned Additional Solicitor General of
India to the Chief of Defence Staff, Chief
of Army Staff, Chief of Air Staff, Chief of
Naval Staff for further action if any, and to
examine the feasibility of replicating the
abovesaid Uttar Pradesh model of High
Powered State Level Committee in other
States of the country.

47. Learned Additional Advocate
General to communicate this order to the
Chief Secretary, Government of Uttar
Pradesh, Lucknow.
518 INDIAN LAW REPORTS ALLAHABAD SERIES

48. OIC, Legal Cell HQ Purva UP &
MP Sub Area to communicate a copy of
this order to the Commanding Officer 20th
Rajputana Rifles.

49. The writ petition is accordingly
disposed of.
----------
(2025) 2 ILRA 518
ORIGINALJURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 17.02.2025

BEFORE

THE HON'BLE CHANDRA KUMAR RAI, J.

Writ-B No. 4491 of 1999

Lalsa Yadav ...Petitioner
Versus
Board of Revenue & Ors. ...Respondents

Counsel for the Petitioner:
Mr. R.P. Yadav

Counsel for the Respondents:
Mr. Tarun Gaur, Standing Counsel

Civil Law - U.P. Land Revenue Act,1901 -
Name recorded in revenue records-Order passed
to record the disputed plot in the name of the
Gram Sabha-Revision filed by Petitioner- allowed
stating that the Consolidation Officer's order has
attained finality- opposite party filed a revision
before the Board of Revenue - set aside the
order of the Additional Commissioner -that the
Commissioner cannot allow the revision rather
he can make reference to the Board of Revenue
for allowing or dismissing the revision-exercise
of jurisdiction of the Additional Commissioner is
in accordance with law-amendment made in U.P.
Land Revenue Act by U.P. Act No.XX of 1997 -
the date of enforcement of amendment is
18.8.1997 and revision in the instant matter has
been filed on 3.11.1997 - no illegality to decide
the revision on merit rather to make reference
before the Board of Revenue.

W.P. allowed. (E-9)
List of Cases cited:

Ram Kailash Yadav Vs St. of U.P. & ors.,
2002(93) RD 236

(Delivered by Hon'ble Chandra Kumar
Rai, J.)

Order on Civil Misc. Impleadment
Application No.8/2024.

1. Heard learned counsel for the
parties.

2. No ground for impleadment is made
out.

3. The Application is rejected.

Order on Writ Petition.

1. Heard Mr. R.P. Yadav, learned
counsel for the petitioner and Sri Tarun
Gaur, learned standing counsel for the
state-respondents.

2. Brief facts of the case are that
petitioner's father- Jangi Yadav was
granted lease of plot nos. 228, 117, 119,
120, 121 and 122. On the basis of the lease
executed in favour of the petitioner's
father, his name was accordingly recorded
in the revenue records in respect to plot
no.228 only but the name of the petitioner's
father was not recorded over the remaining
plots, accordingly, in the proceeding under
Sections 33/39 of the U.P. Land Revenue
Act, an order was passed by the revenue
authority for recording the name of the
petitioner's father but later on the order was
recalled. The village in question was
brought under consolidation operation by
way of notification issued under Section
4(2) of the U.P. Consolidation of Holdings
Act, 1953 (hereinafter referred to as the
"U.P. C.H. Act") on 27.6.1981. Against the