RAJU @ MOHD. ASHIQ v. STATE OF U.P. THRU. PRIN. SEYC. REVENUE DEPTT., LUCKNOW AND OTHERS
WRIC/922/2025 · 2025-02-14
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120225 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120225 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:10451 Court No. - 8 Case :- WRIT - C No. - 922 of 2025 Petitioner :- Raju @ Mohd. Ashiq Respondent :- State Of U.P. Thru. Prin. Seyc. Revenue Deptt., Lucknow And Others Counsel for Petitioner :- Ravi Shanker Singh,Kirti Veer Singh Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner who has filed a supplementary affidavit which is taken on record as well as the learned Standing counsel for the State-respondents. Under challenge is the order dated 04.07.2022 passed by the Sub Divisional Magistrate, in proceedings under Section 136 of the U.P. Revenue Code, 2006. The learned Standing Counsel has raised a preliminary objection regarding the maintainability of the petition on the ground that the petitioner has a statutory remedy in terms of Section 210 of the U.P. Revenue Code, 2006. The learned counsel for the petitioner does not dispute that he has an alternate remedy, however, he submits that since the
order impugned has been passed which is totally without jurisdiction, hence, the plea of alternate remedy may not come in the way of the court in entertaining the petition. Having considered the aforesaid submissions and also noticing the fact that the petitioner has filed this petition almost two and a half years, inasmuch as, the impugned order is dated 04.07.2022 and from perusal of the content of the writ petition of paragraph 14 wherein it has been stated that in pursuance of the impugned order and a shop constructed by the petitioner was also demolished on 14.11.2022 and there being no cogent reason to explain the latches, this Court is not inclined to entertain the present petition. Accordingly, the present petition is dismissed leaving it open for the petitioner to agitate his grievances by taking recourse to the statutory remedy as available in law.
Order Date :- 14.2.2025 Asheesh/- Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench