SHEO HARAKH v. III ADDITIONAL DISTRICT JUDGE COURT NO.-3 SULTANPUR and 14 ORS
WRIC/1000903/2004 · 2025-02-27
Irshad Ali
body2025
DailyLaw.ai
[ 2025 DAILYLAW 114074 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 114074 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11960 Court No. - 3 Case :- WRIT - C No. - 1000903 of 2004 Petitioner :- Sheo Harakh Respondent :- Iii Additional District Judge Court No.-3 Sultanpur And 14 Ors Counsel for Petitioner :- P.L. Mishra,Arvind Kumar Mishra,Gyanendra Kumar Tiwari,Gyanendra Mishra,Jayshanker Shukla,Rajesh Kumar Kashyap Counsel for Respondent :- C.S.C,Mata Prasad Yadav,Raj Kr. Pandey,Sarita Jain Hon'ble Irshad Ali,J.
1. Heard Sri Jayshanker Shukla, learned counsel for the petitioner, Sri Utkarsh Yadav, Advocate holding brief of Sri M.P. Yadav, learned counsel for respondent Nos.2/5 & 2/6 and learned Additional CSC for respondent - State.
2. By means of present writ petition, the petitioner is challenging the order passed by learned Additional District Judge, Court No.9, Sultanpur - Annexure 7 to the writ petition, whereby application for amendment was rejected in exercise of power under Article 226 of Constitution of India.
3. In view of judgment passed in the case of Radheshyam Vs. Chhavilal; 2015 LCD page 849, the Hon'ble Court has held that hte proceeding of civil court is not amenable in exercise of power under Article 226 of Constitution of India. The order can be challenged in exercise of power under Article 227 of Constitution of India.
4. The present writ petition has been filed under Article 226 of Constitution of India, therefore, it is not maintainable.
5. Learned counsel for the petitioner after making submission at length requested that this writ petition be disposed of with liberty to approach appropriate forum.
6. Accordingly, the writ petition is finally disposed of with liberty to the petitioner to approach appropriate forum.
7. It is also made clear that if the petitioner approaches appropriate forum within one week from the date of production of certified copy of this order, the status-quo, as maintained in the present case, shall be maintained till approach to appropriate forum. Order Date :- 27.2.2025 / Adarsh K Singh Digitally signed by :- ADARSH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench