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2025 DAILYLAW 137639 (ALL)

RAJ KISHOR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE, LKO. AND 6 OTHERS

WRIC/4270/2025 · 2025-05-05

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25790 Court No. - 7 Case :- WRIT - C No. - 4270 of 2025 Petitioner :- Raj Kishor Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. And 6 Others Counsel for Petitioner :- Ashwani Kumar Srivastava,Ajay Vishen,Anurag Tyagi Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. The instant petition has been preferred seeking following main relief(s):- "(i) to issue a writ, order or direction in the nature of CERTIORARI quashing the impugned order dated 25-03-2025 passed by Tehsildar, Nighasan, Kheri in case No. 1910/133/2015 (Computerized No. T201510430500034) (Vidya etc. Vs. Babu Das), contained as Annexure No.1 to the writ petition; (ii) to issue a writ, order or direction in the nature of MANDAMUS directing the opposite parties not to take possession of petitioner from Gata No. 1237 at Village Rakheti (Nighasan), Tehsil - Nighasan, District - Kheri." At the very outset, learned counsel for the side opposite raised a preliminary objection regarding maintainability of this petition. The preliminary objection has been raised on the ground of having a statutory remedy of filing an appeal against the impugned order dated 25.03.2025. Considering the aforesaid, this Court is of the view that in the statute itself a mechanism for redressal of the grievance is provided, as such, this Court is not inclined to entertain the present petition. It is accordingly disposed of with liberty to the petitioner to approach the Authority concerned by filing an appeal against the impugned order dated 25.03.2025. In the facts and circumstances of the case, it is also provided that if the remedy aforesaid is availed by the petitioner, then the Authority concerned shall consider and decide the same expeditiously say within a period of six months from the date of approaching the said Authority, if there is no other legal impediment in this regard. Order Date :- 5.5.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench