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2025 DAILYLAW 109048 (ALL)

GOPICHARAN AND 3 OTHERS v. State of UP AND 6 OTHERS

WRIC/39771/2024 · 2025-05-13

Manish Kumar Nigam

Transfer Petitionbody2025

Judgment text

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Court No. - 35 Case :- WRIT - C No. - 39771 of 2024 Petitioner :- Gopicharan And 3 Others Respondent :- State Of Up And 6 Others Counsel for Petitioner :- Laxmi Narayan Rathour Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Case called out in the revised list. Nobody appears on behalf of the petitioners. 2. Heard learned Standing Counsel for the State-respondents and perused the record. 3. The present petition has been filed with the following prayer: "issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 09.07.2024 passed by the respondent no. 3 in case no. 1064 of 2019 (Dashan and others vs. Roopram and others), Computerized Case No. C201906000001064 and this Hon'ble Court also please to stay the effect and operation of the impugned order dated 30.08.10 passed by the respondent no. 2 in case no. 281/149/2012-2013 (Roopram and others vs. Gopicharan and others) under section 176 of U.P.Z.A. and L.R. Act related to Mauja Nyamatpur, Pargana Kalpi and District Jalaun." 4. Learned Standing Counsel has submitted that by the order impugned, appeal filed by the petitioner against judgment passed in proceedings under Section 176 of the U.P.Z.A. & L.R. Act has been dismissed. It has been further contended by learned Standing Counsel that the order impugned is appealable as second appeal lies against the order passed in first appeal. 5. Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition. 6. Accordingly, the petition is disposed of with liberty to the petitioner to avail the remedy as available to him under law. 7. Certified copy of the orders, if any, be returned to learned counsel for the petitioner after retaining photo copy of the same. Order Date :- 14.5.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad