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2025 DAILYLAW 126078 (ALL)

JANG BAHADUR v. SUB DIVISIONAL OFFICER, (S.D.O) TEHSIL UNCHAHAR DISTT. RAI BAREILLY AND 2 OTHERS

WRIC/2480/2025 · 2025-03-20

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16103 Court No. - 7 Case :- WRIT - C No. - 2480 of 2025 Petitioner :- Jang Bahadur Respondent :- Sub Divisional Officer, (S.D.O) Tehsil Unchahar Distt. Rai Bareilly And 2 Others Counsel for Petitioner :- Anil Kumar Yadav,Anil Kumar Tiwari Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Saurabh Lavania,J. Heard. The present petition has been filed for the following main relief:- "A. Issue a writ, order or direction in the nature of CERTIORARI, quashing the order dated 17.12.2022 passed by Sub Divisional Officer (S.D.O.), Tehsil- Unchahar, District- Rai Bareilly, in Case No. 4099 of 2022 State vs. Jang Bahadur, Computerized Case No. T202210580704099, under section 38(1) U.P. Revenue Code 2006, which is filed as ANNEXURE NO-1. B. Issue a writ, order or direction in the nature of MANDAMUS, Directing to Respondent to stop the further destroy crops of Petitioner and stop digging soil from land of Petitioner for construction of Lucknow to Prayagraj Highway." At the very outset, Sri Upendra Singh, learned State Counsel has raised preliminary objection regarding maintainability of the present petition on the ground that petitioner is having statutory remedy of filing appeal. The remedy available has not been disputed by learned Counsel for the petitioner. Considering the aforesaid, this Court is not inclined to interfere in the impugned order and without entering into the merits of the case, the present petition is disposed of with liberty to the applicant to approach the appellate authority as per law. In case, the appeal is filed, the same shall be decided expeditiously say within a period of six months as indicated in Rule 183(4) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006 read with para 458(2) of U.P. Revenue Court Manual, if there is no legal impediment in this regard. With the aforesaid, the present application is disposed of. Order Date :- 20.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench