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2025 DAILYLAW 141196 (ALL)

SMT. MRINAL SHUKLA AND ANOTHER v. STATE OF U.P. THRU. SECY. REVENUE, LKO. AND OTHERS

WRIC/4815/2025 · 2025-05-21

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:30180 Court No. - 7 Case :- WRIT - C No. - 4815 of 2025 Petitioner :- Smt. Mrinal Shukla And Another Respondent :- State Of U.P. Thru. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Vinod Kumar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the parties. 2. In view of order proposed to be passed, issuance of notice to the private- respondent is hereby dispensed with. 3. The instant petition has been preferred seeking following main relief(s):- "i. a writ, order or direction in the nature of Certiorari thereby quashing the Impugned Order dated 8.5.2025 passed by Upziladhikari, Payagpur, District-Bahraich. in Suit No.5820/2023 U/s 24 of U.P Revenue Code, 2006 as a contained in Annexure No.1 to this Writ Petition. ii. a writ, order or direction in the nature of mandamus thereby directing the Opp. Parties not to disturb the peaceful possession of the petitioners, during the pendency of the Writ Petition." 4. 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 08.05.2025. 5. 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 petitioners to approach the Authority concerned by filing an appeal against the impugned order dated 08.05.2025. 6. In the facts and circumstances of the case, it is also provided that if the remedy aforesaid is availed by the petitioners, then the Authority concerned shall consider and decide the same expeditiously, if there is no other legal impediment in this regard. Order Date :- 21.5.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench