SMT SARWATI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/34417/2024 · 2025-07-09
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 104574 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 104574 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:110442
Court No. - 34 Case :- WRIT - C No. - 34417 of 2024 Petitioner :- Smt Sarwati And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ranjeet Kumar Yadav Counsel for Respondent :- Arun Kumar Pandey,C.S.C. Hon'ble Rohit Ranjan Agarwal,J.
1. Heard Sri Ranjeet Kumar Yadav, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. By means of the present writ petition, the petitioner has challenged the order dated 27.07.2007 passed by the Sub Divisional Officer, Shahabad in Case No.78 of 2006-07 under Section 202 U.P.Z.A. & L.R. Act and the order dated 05.04.2024 passed by the Additional Commissioner (Administration), Moradabad Division, Moradabad in Revision No. 705/2024, under Section 331(3) U.P.Z.A. & L.R. Act, 1950.
3. Learned Standing Counsel appearing on behalf of the State at the very outset has raised a preliminary objection regarding the entertainability of the present writ petition on the ground of availability of statutory remedy of appeal as provided under Section 331(4) of the U.P.Z.A. & L.R. Act, 1950.
4. Learned counsel for the petitioner could not dispute the aforesaid legal position regarding the availability of remedy of Second Appeal under Section 331(4) of the U.P.Z.A. & L.R. Act,
1950.
5. The writ petition is, accordingly, disposed of with the liberty to the petitioner to seek remedy of Second Appeal as provided under Section 331(4) of the U.P.Z.A. & L.R. Act, 1950 before the competent court having jurisdiction. Order Date :- 10.7.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad