RAM CHANDRA v. STATE OF U.P. THRU. COLLECTOR, AYODHYA DIVISION, AYODHYA AND OTHERS
WRIC/2810/2025 · 2025-03-24
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129663 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129663 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:16757 Court No. - 7 Case :- WRIT - C No. - 2810 of 2025 Petitioner :- Ram Chandra Respondent :- State Of U.P. Thru. Collector, Ayodhya Division, Ayodhya And Others Counsel for Petitioner :- Deep Narayan Tripathi Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard learned Counsel for the petitioner, learned Standing Counsel for State-respondents and Shri Mohan Singh, learned counsel for Gram Sabha. By means of this petition, the petitioner has sought the following main reliefs:-
"i) To issue a writ, order or direction in the nature of Certiorari setting aside the order dated 20.08.2024 passed by the Assistant Collector/Tehsildar/Opposite Party no.3 in Case no.4890/2023 (Computerized Case no.202304230204890) titled with Gram Sabha vs Ram Prasad @ Karia, contained as Annexure No.1 to the writ petition. ii) To issue a writ, order or direction in the nature of Certiorari to qush the spot memo report dated 13.08.2024 submitted by Lekhal/Revenue Inspector in Case no.4890/2023 (Computerized Case no.202304230204890) titled with Gram Sabha vs Ram Prasad @ Karia, contained as Annexure No.7 to the writ petition." Vide order impugned dated 20.08.2024, the respondent No. 3/Tehsildar, Tehsil - Sohawal, District - Ayodhya decided the Case no.4890/2023 (Computerized Case no.202304230204890), instituted under Section 67 of U.P. Revenue Code, 2006. At the outset, learned Standing Counsel for State-respondents and Shri Mohan Singh, learned counsel for Gram Sabha stated that the order impugned is not liable to be interfered with by this Court in view of statutory remedy available under the statute itself as also the observations made by this Court in the case of Om Prakash Misra And Others Vs. Addl. Commissioner (Administration) Ayodhya Division Ayodhya And Others decided on 10.01.2024 (Neutral Citation No. - 2024:AHC-LKO:2805 ). In continuation, it is also submitted that order impugned dated 20.08.2024 can be assailed before the appropriate authority. The remedy available to the petitioner under the statute itself has not been disputed. Taking note of the statutory remedy being available to the petitioner, this Court is not inclined to entertain the present petition. Accordingly, the instant petition is disposed of with the liberty to the petitioner to avail the remedy available under the statute itself. In case, the petitioner avails the remedy as available under the statute, the same shall be decided, as per law, after affording full opportunity of hearing to the parties.
It is made clear that this Court has not gone into the merits of the claim set forth by the petitioner. Order Date :- 24.3.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench