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Court No. - 85 Case :- WRIT - C No. - 41995 of 2024 Petitioner :- Ramanuj Respondent :- State Of U.P. And 14 Others Counsel for Petitioner :- Kamlesh Shrama Counsel for Respondent :- Ashutosh Kumar Singh,Ashwani Kumar Mishra,Bhupendra Kumar Tripathi,C.S.C.,Maheep Kumar Hon'ble Kshitij Shailendra,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1 and 2, Sri Bhupendra Kumar Tripahti for respondent no. 3 and Sri Ashutosh Kumar Singh for the private respondent(s).
2. A preliminary objection has been raised by all the respondents to the effect that against the order impugned dated 25.10.2024, the petitioner has an alternative remedy of filing revision under Section 210 of U.P. Revenue Code-2006. Elaborating the objection, it is submitted by the learned counsel for the respondent that by the order impugned, the application of the petitioner under Section 30 has been rejected and as per Rule 26(12) of the Rules of 2016, such an order shall, subject to revision under Section 210 of the Code, be final.
3. Confronted with the said objection, learned counsel for the petitioner submits that the limitation for filing revision has expired during the pendency of the present writ petition and, therefore, the petitioner shall be remedy-less, in case, he is relegated to file revision which shall be dismissed as barred by limitation.
4. Considering the fact that the order impugned was passed on 25.10.2024 and the writ petition was filed in December, 2024 within the period during which revision could have been within time, the time consumed during the pendency of the writ petition is liable to be excluded by granting benefit of Section 14 of the Limitation Act to the petitioner.
5. The writ petition is, accordingly, disposed of with the following observations and directions:-
(a) The petitioner is permitted to file revision against the order dated 25.10.2024 under Section 210 of U.P. Revenue Code-2006 within four weeks from today. (b) In case the revision is filed within a period of four weeks from today, the same shall be treated as within limitation and shall be decided strictly in accordance with law on merits. Order Date :- 23.4.2025 Pkb/ Digitally signed by :- PRAMOD KUMAR BAJPAI High Court of Judicature at Allahabad