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2025 DAILYLAW 120558 (ALL)

SMT. USHA RANI AND ANOTHER v. STATE OF U.P. THRU. SECY. DEPTT. OF REVENUE, LKO. AND OTHERS

WRIC/917/2025 · 2025-01-30

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6447 Court No. - 8 Case :- WRIT - C No. - 917 of 2025 Petitioner :- Smt. Usha Rani And Another Respondent :- State Of U.P. Thru. Secy. Deptt. Of Revenue, Lko. And Others Counsel for Petitioner :- A.Z. Siddiqui Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioners. Notice on behalf of respondent nos.1 and 2 has been accepted by the ofÏce of the learned Chief Standing Counsel. The challenge has been made to an order dated 4.12.2024 passed by respondent no.2 whereby in proceedings initiated at the behest of private respondent no.3 under Section 30 (2) of the U.P. Revenue Code, 2006 (hereinafter referred to as Code of 2006") an interim order has been passed directing the parties to maintain status quo. Submission of learned counsel for the petitioners is that private respondent nos.3 and 4 have resorted to concealment of facts. It is urged that earlier the private respondent nos.3 and 4 had initiated similar proceedings which came to be registered as Case No.25516. In the said proceedings, the private respondent nos.3 and 4 had moved an application on 18.1.2023 that they had not filed the said case rather the same has been instituted at the behest of an imposter and they do not want to press it and it is in this context that the respondent no.2 dismissed the same. It is further urged that after some time, the private respondent nos.3 and 4 once again on 4.12.2024 filed another application under Section 30(2) of the Code of 2006 and in this case, there was no mention of the earlier petition filed by them or the order by which they had withdrawn their case.u It is urged that in view thereof, entertaining the second application which suffers from concealment of facts and the order impugned has been passed which is per se beyond jurisdiction and is liable to be set aside. The court had put a specific query to the learned counsel for the petitioners whether the the petitioners have informed or brought the aforesaid facts to the notice of the respondent no.2 to which it has been answered candidly that the petitioners have not approached the court concerned i.e. respondent no.2. Considering the nature of the dispute as well as the factual matrix, also noticing that the proceedings are pending before respondent no.2 and the petitioners have a statutory remedy available in terms of Code of 2006, hence, this court at this stage is not inclined to entertain the petition leaving it open to the petitioners to take recourse as may be available to them in terms of the Code of 2006. With the aforesaid, the petition is dismissed. It is made clear that the court has not examined the case of either of the parties on merits and the petition has been dismissed solely on the ground of availability of statutory remedy. Order Date :- 30.1.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench