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2025 DAILYLAW 138741 (ALL)

SURESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS

WRIC/4407/2025 · 2025-05-08

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26949 Court No. - 7 Case :- WRIT - C No. - 4407 of 2025 Petitioner :- Suresh Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Dhirendra Kumar Sharma,Ambrish Kumar Dwivedi 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):- "(A) To issue a writ, order or direction in the nature of Certiorari thereby quashing the Order Dated-28/12/2024 passed by Tehsildar Sarojini Nagar, District- Lucknow in mutation proceedings in Case Titled as "Alok Kumar and others Versus Sukhrani" whereby Order Dated- 20/12/2010 was restored as well as order dated 20.12.2010 passed by Nayab Tahseeldar Bijnaur in case number 1163/2010. The True/Photocopy/Typed copy of the order dated 28.12.2024 and 20.12.2010 are being annexed here with as ANNEXURE NO-01 to this petition." At the very outset, learned State counsel 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 28.12.2024. 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 Appellate Authority concerned by filing an appeal against the impugned order dated 28.12.2024. In the facts and circumstances of the case, it is also provided that if the remedy aforesaid is availed by the petitioner, then the Appellate 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. It is after taking note of para 458(2) of U.P. Revenue Court Manual, as per which, an appeal or revision should preferably be decided within a period of six months. Order Date :- 8.5.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench