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2025 DAILYLAW 121640 (ALL)

VIJAY KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY., DEPTT. OF REVENUE, LKO. AND OTHERS

WRIC/1077/2025 · 2025-02-07

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7963 Court No. - 8 Case :- WRIT - C No. - 1077 of 2025 Petitioner :- Vijay Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy., Deptt. Of Revenue, Lko. And Others Counsel for Petitioner :- M.P. Raju Counsel for Respondent :- C.S.C.,Prashant Tiwari Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. Notice on behalf of respondent nos.1, 2 and 3 has been accepted by the office of Chief Standing counsel. Under challenge is the order dated 05.12.2024 passed by the Tehsildar (Judicial) Shrawasti. A preliminary objection has been raised by Sri D.P. Mishra learned Standing counsel as well as Sri Hari Om holding brief of Sri Prashant Tiwari learned counsel for the caveator that the instant petition is not maintainable as the petitioner has an adequate statutory remedy of filing an appeal under the provisions of U.P. Revenue Code, 2006. It has also been pointed out that one of the brothers of the petitioner has already escalated the matter in an appeal which is already engaging the attention of the Sub Divisional Magistrate Bhinga. Responding to the aforesaid objections learned counsel for the petitioner submits that the order passed by the Tehsildar is wholly without jurisdiction, however, he could not deny the fact that one of the brothers of the petitioner has already filed an appeal and even against the mutation order passed by the Tehsildar and the petitioner himself if aggrieved has a remedy of filing an appeal too. Since the petitioner has adequate statutory remedy of filing an appeal, accordingly, this Court is not inclined to entertain the petition leaving it open for the petitioner to take recourse to law as may be available. It is made clear that the Court has not entertained the petition solely on the ground of availability of statutory remedy and has not entered into merits of the case. With the aforesaid, the petition is dismissed. Order Date :- 7.2.2025/Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench