RATIPAL VAISH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE LKO. AND 2 OTHERS
WRIC/2555/2025 · 2025-03-24
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128549 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128549 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:16688 Court No. - 7 Case :- WRIT - C No. - 2555 of 2025 Petitioner :- Ratipal Vaish Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 2 Others Counsel for Petitioner :- Shesh Mani Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. The present petition has been filed for the following main reliefs:-
"(i) Issue a writ, order or direction in the nature of CERTIORARI quashing the impugned order dated 21/07/2022 passed by opposite party no.2 in Case no.648/2022, Computerized Case No. D202204710000648 under section 98(1) of the U.P. Revenue Code 2006 by means of which he has granted permission to transfer the land of the petitioner without making proper inquiry, in most illegal and arbitrary manner and also without applying the mind which is contained in Annexure No.1 to this writ petition. (ii) Issue a writ, order or direction in the nature of MANDAMUS commanding and directing the opposite party no.2 to decide the representation moved by the petitioner, which is still pending before him, in the interest of justice. (iii) Issue a writ, order or direction in the nature of MANDAMUS commanding and directing the opposite party no.2 to set a proper enquiry against the guilty persons who are involved in the said forgery, in the interest of justice." After taking note of the language couched under Section 210 of Uttar Pradesh Revenue Code, 2006 (in short 'Code of 2006'), as also that remedy of appeal is not provided against the order passed under Section 98 of the Code of 2006, this Court is not inclined to interfere in the impugned order dated 21.07.2022 and without entering into the merits of the case, the present petition is disposed of with liberty to the petitioner to approach the revisional authority as per law. If such remedy is availed by the petitioner before the concerned authority, the same shall be considered and decided by him in accordance with law by a reasoned and speaking order, expeditiously. With the aforesaid, the present petition is disposed of. Order Date :- 24.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench