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2025 DAILYLAW 137993 (ALL)

RAM SHANKAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE, LKO. AND OTHERS

WRIC/4229/2025 · 2025-05-05

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25773 Court No. - 7 Case :- WRIT - C No. - 4229 of 2025 Petitioner :- Ram Shankar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue, Lko. And Others Counsel for Petitioner :- Mohammad Imaran Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, Shri Hemant Kumar Pandey, learned Standing Counsel for the State/opposite party Nos.1 to 4 and perused the record. By means of this petition, the petitioner seeks following main relief:- "(i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 13.02.2025 passed by the opposite party No.2/Assistant Collector, Tehsil - Maharajganj, District Raebareli in Case No.6924 of 2024 [CNR No.T-202410580106924] "Ram Shankar Vs. Ram Saran & Others", filed under section 24 of U.P. Revenue Code for demarcation of the land pertaining to gata No.292 situated at village-Nahariya, Pargana-Semrauta, Tehsil- Maharajganj, District- Raebareli, as contained in Annexure No.1 to this writ petition. (ii) issue a writ, order or direction in the nature of mandamus to stay the operation and implementation of the impugned order dated 13.02.2025 passed by the opposite party No.2/Assistant Collector, Tehsil- Maharajganj, District Raebareli in Case No.6924 of 2024 [CNR No. T-202410580106924] "Ram Shankar Vs. Ram Saran & Others", filed under section 24 of U.P. Revenue Code, as contained in Annexure No. 1, to this petition, in pursuance of the Government Order." At the very outset, Shri Hemant Kumar Pandey, learned Standing Counsel for the State/opposite party Nos. 1 to 4 raised an objection on the maintainability of the writ petition on the ground that the petitioner has an alternative statutory remedy of filing appeal under Section 24 (4) read with Section 207 of the U.P. Revenue Code, 2006. Learned counsel for the petitioner prays to withdraw the writ petition with liberty to the petitioner to avail the statutory remedy before the appropriate authority. Accordingly, the writ petition is dismissed as withdrawn with the liberty as prayed for. Office is directed to return certified copies of the impugned order(s), if any, to the learned counsel for the petitioner after retaining the photocopies of the same on record, as per rules. Order Date :- 5.5.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench