CHHATTY DEEN MAURYA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF REVENUE LKO AND 10 OTHERS
WRIC/2202/2025 · 2025-03-06
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126093 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126093 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:13715 Court No. - 8 Case :- WRIT - C No. - 2202 of 2025 Petitioner :- Chhatty Deen Maurya Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Revenue Lko And 10 Others Counsel for Petitioner :- Krishana Kumar Singh,Himanshu Singh,Satish Singh Counsel for Respondent :- C.S.C.,Faiz Ahmad Khan,Pankaj Gupta 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. Sri Pankaj Gupta learned counsel has accepted notice on behalf of respondent no.4. A preliminary objection has been raised by the State counsel as well as Gaon Sabha that first and foremost the petition suffers from the defect of non joinder of necessary parties. It is urged that the private respondent no.5-Ram Chandar was the respondent in the first appeal who had died and his legal heirs were also brought on record, however, they have not been impleaded in the instant petition and the petition has been filed against the dead persons. It is also pointed out that since the proceedings arise out of the suit under Section 176 of the U.P.Z.A and L.R Act 1950, consequently, the petitioner had preferred the first appeal and against the dismissal, the petitioner has a statutory remedy of filing second appeal before the Board of Revenue.
Learned counsel for the petitioner attempted to answer the queries of the Court but could not dispute the fact that the petitioner has an adequate statutory remedy of filing second appeal. In view of the aforesaid, this Court is not inclined to entertain the petition which is dismissed solely on the ground of availability of statutory remedy available to the petitioner. In case, if the petitioner takes recourse to the statutory remedy as available to him in law and the same shall be considered in accordance with law.
Order Date :- 6.3.2025/Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench