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2025 DAILYLAW 125586 (ALL)

RAKESH KUMAR AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT., LKO. AND OTHERS

WRIC/1892/2025 · 2025-02-28

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12037 Court No. - 8 Case :- WRIT - C No. - 1892 of 2025 Petitioner :- Rakesh Kumar And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others Counsel for Petitioner :- Upendra Kumar Awasthi 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, 2 and 3 has been accepted by the office of Chief Standing counsel. Sri Dilip Kumar Pandey learned counsel has accepted notice on behalf of respondent Gaon Sabha. The petitioners prays for quashing of the order dated 23.12.2024 passed by the respondent no.3 in proceedings under Section 128 of the U.P. Revenue Code, 2006. A preliminary objection has been raised by the learned Standing counsel that against the order passed under Section 128 of Code, 2006 aggrieved party has a statutory remedy of filing a revision as provided under Section 128(4) of the Code, 2006. This was put to the counsel for the petitioners who despite submitting that he was not given an opportunity of hearing and the orders have been passed neither on his request he was granted any opportunity to file a revision hence in such circumstances the petition would be maintainable but nevertheless could not dispute the availability of statutory remedy of revision. Considering the aforesaid that the petitioners have statutory remedy in terms of Section 128(4) of Code 2006, this Court is not inclined to entertain the petition leaving it open for the petitioners to take recourse as may be available to him in accordance with law. It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law. The petition is dismissed solely on the ground of availability of statutory remedy available to the petitioners. Order Date :- 28.2.2025/Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench