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2025 DAILYLAW 107244 (ALL)

FAJIL v. State of UP AND 3 OTHERS

WRIC/37607/2024 · 2025-02-12

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21379 Court No. - 34 Case :- WRIT - C No. - 37607 of 2024 Petitioner :- Fajil Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Jai Prakash Prasad,Rakesh Yadav Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed challenging the order dated 30.8.2024 passed by respondent No.3 under Section 67 of the U.P. Revenue Code, 2006. 3. Learned Standing Counsel has submitted that petitioner has a remedy of filing an appeal against the order impugned in view of provisions of U.P. Revenue Code, 2006. 4. In view of the alternative remedy, I am not inclined to interfere in the matter. 5. Learned Counsel for the petitioner, however, submitted that proceedings have been initiated after 28 years of a judgment passed by the Civil Court in his favour. 6. In view of these facts, the writ petition stands disposed of with liberty to the petitioner to file an appeal within ten days from today and in case such an appeal is filed, the same shall be considered and decided by the respondent authority, in accordance with law, after giving opportunity of hearing to all the parties concerned provided there is no other legal impediment. 7. Till disposal of the appeal, parties are directed to maintain status quo. Order Date :- 13.2.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad