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Neutral Citation No. - 2025:AHC:87550 Court No. - 34 Case :- WRIT - C No. - 43663 of 2024 Petitioner :- Chandrabhan Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharm Vir Jaiswal,Harsh Vikram Counsel for Respondent :- Arun Kumar Pandey,C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Utkarsh Yogi, Advocate holding brief of Sri D.V. Jaiswal, learned counsel for the petitioner and Sri Awadhesh Kumar Patel, learned Standing Counsel for the State-respondents.
2. By means of the present writ petition, the petitioner has assailed the order dated 18.12.2017 and the order dated 16.10.2024 passed by the Sub Divisional Officer, Bijnor (respondent no.2) and the Commissioner, Muradabad Division, Muradabad (respondent no.3), respectively.
3. Learned Standing Counsel appearing on behalf of the State-respondents, at the very outset, raised a preliminary objection regarding the entertainability of the present writ petition under Article 226 of the Constitution of India, on the ground of availability of statutory remedy of second appeal as provided under Section 331(4) of the U.P.Z.A. & L.R. Act.
4. Confronted with the aforesaid objection, the learned counsel appearing on behalf of the petitioner prays that the present writ petition be dismissed as not pressed with liberty granted to the petitioner to avail the remedy as provided under Section 331(4) of the U.P.Z.A. & L.R. Act, 1950.
5. In view of aforesaid, the writ petition is consigned to record. However, liberty is granted to the petitioner to avail the remedy as provided under the U.P.Z.A. & L.R. Act, 1950. Order Date :- 22.5.2025/Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad