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2025 DAILYLAW 103621 (ALL)

SHRI CHHAVIRAJI MATASHANKAR GYAN BHARTI v. State of UP AND 12 OTHERS

WRIC/33965/2024 · 2025-05-06

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73743 Court No. - 34 Case :- WRIT - C No. - 33965 of 2024 Petitioner :- Shri Chhaviraji Matashankar Gyan Bharti Respondent :- State Of Up And 12 Others Counsel for Petitioner :- Surendra Kumar Chaubey Counsel for Respondent :- C.S.C.,Pradeep Singh Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Shri Surendra Kumar Chaubey, learned counsel for petitioner, Shri Pradeep Singh, learned counsel for the Land Management Committee-respondent no. 13 and Shri Madan Mohan, learned Standing Counsel for State respondents. 2. By means of the present writ petition, the petitioner has challenged the order dated 21.09.2024 passed by the Additional District Magistrate (Judicial), Bhadohi (respondent No. 2) in Case No. 00176 of 2019 (Vijayi Saroj and others v. Shri Chhaviraji Matashankar) under Section 66 of the U.P. Revenue Code, 2006. 3. Learned Standing Counsel appearing for State respondents, at the very outset, has raised a preliminary objection regarding the entertainability of the writ petition under Article 226 of the Constitution of India on the ground of availability of statutory remedy of revision under Section 210 of the U.P. Revenue Code, 2006. 4. The aforesaid objection regarding the availability of the statutory remedy under Section 210 of the U.P. Revenue Code, 2006 could not be disputed by the learned counsel for the petitioner. He prayed that liberty may be granted to the petitioner to avail the aforesaid remedy. 5. In view of the nature of the order proposed to be passed, service of notice upon the respondent nos.4 to 12 is dispensed with. 6. Taking into consideration the aforesaid situation, this Court is of the considered opinion that the writ petition be disposed of with the liberty to the petitioner to prefer revision as per Section 210 of the U.P. Revenue Code, 2006 before the court concerned within a period of two weeks from today. It is provided that in case if the aforesaid revision is filed by the petitioner within the aforesaid period, the learned Revisional Court shall entertain the same on its merit and shall make endeavor to decide the same expeditiously, say within a period of six months from the date of filing of the same. 7. It is also provided that in case petitioner prefers the aforesaid revision along with an application for interim relief, the said application for interim relief shall be considered by the Revisional Court and appropriate orders on the same shall be passed in accordance with law, at the earliest, say within a period of four weeks from the date of its filing. Needless to say that the petitioner shall positively cooperate with the said proceeding and shall not seek any unnecessary adjournments. 8. However, in the interest of justice, it is provided that status quo in respect of the nature and possession of the property, as exists today, shall be maintained by the parties for a period of six weeks or till the disposal of the aforesaid application for interim relief, whichever is earlier. 9. With the aforesaid observations and directions, the present writ petition is disposed of. Order Date :- 7.5.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad