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2025 DAILYLAW 106092 (ALL)

MANOJ AND 3 OTHERS v. STATE OF U.P. AND 7 OTHERS

WRIC/36487/2024 · 2025-05-04

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71561 Court No. - 35 Case :- WRIT - C No. - 36487 of 2024 Petitioner :- Manoj And 3 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Kamal Kishor Mishra Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The present petition has been filed with the following prayer: "issue a writ, order or direction in the nature of certiorari quash the impugned judgment and order dated 02.03.2024 passed by the Additional Commissioner 4th (Administration) Gorakhpur Regionh, Gorakhpur in appeal no. 884 of 2021 (Jugal Kishore versus Safeed and others) as well as order dated 31.03.2021 passed by the Sub-Divisional Magistrate, Tehsil Khadda, District Kushinagar in Case No. RST/01755/2020 (Safeed and others Versus Jugal Kishore)." 3. Learned Standing Counsel has raised a preliminary objection that the petitioner has an alternative remedy of filing second appeal before the Board of Revenue against the order passed under Section 134 of the U.P. Revenue Code, 2006. 4. Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition. 5. Accordingly, the petition is disposed of with liberty to the petitioner to avail the remedy as available to him under law. 6. Certified copy of the order be returned to the learned counsel for the petitioner after retaining copy of the same. Order Date :- 5.5.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad