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2025 DAILYLAW 124401 (ALL)

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

WRIC/1720/2025 · 2025-02-24

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11556 Court No. - 8 Case :- WRIT - C No. - 1720 of 2025 Petitioner :- Maurya Pramod Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue, Lko. And Others Counsel for Petitioner :- Padam Kant Mishra Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. Notice on behalf of respondent nos.1 to 3 has been accepted by the office of the learned Chief Standing Counsel. Shri Pankaj Gupta, Advocate has accepted notice on behalf of respondent no.4. Under challenge is the order dated 13.9.2024 passed by respondent no.2 in proceedings arising out of Section 24 of the U.P. Revenue Code, 2006. Certain allegations have been made in the petition to indicate that the order dated 13.9.2024 is wholly without jurisdiction and for the said reason, the petition against the said order under Article 226 of the Constitution of India is maintainable. Having considered the aforesaid submissions and from the perusal of the material on record, it would be relevant to notice that the petitioner had earlier filed Writ- C No.10977 of 2024 wherein this Court on 24.1.2025 had passed an order, copy of which has been brought on record as Annexure No.1. It is not disputed by the petitioner that against the order dated 13.9.2024, he has not taken recourse to any remedy as may be available to him, in terms of U.P. Revenue Code, 2006. Considering the fact that the petitioner had earlier approached this Court and the Court on 25.1.2025 had passed the order, in the aforesaid circumstances assailing the same order, by means of the instant writ petition without taking recourse to the statutory remedy, which may be available, this Court is not inclined to entertain this petition. Accordingly, the petition is dismissed leaving it open for the petitioner to take recourse as may be available to him in law. Needless to say that the aforesaid liberty was already granted at the time of dismissing the first petition but since the second petition has been filed, for the aforesaid reason, as a matter of abandoned caution, the aforesaid observations are made. Order Date :- 24.2.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench