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Neutral Citation No. - 2025:AHC:26339 Court No. - 34 Case :- WRIT - C No. - 3111 of 2025 Petitioner :- Shiv Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Bhuvnesh Kumar Singh,Jitendra Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has filed for the following relief:
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 10.12.2024 passed by Commissioner, Moradabad Division, Moradabad in Revision No.2497 of 2024 (Mangu Singh Vs. Shiv Kumar and others) (Annexure No.8 to the writ petition) (ii) Issue a writ, order or direction in the nature of mandamus directing to the Tahsildar, Tahsil-Nagina, District-Bijnor to hear and decide the mutation case in accordance with law in the light of the order dated 30.09.2014 passed by the S.D.M., Nagina in Appeal No.548 of 2024."
3. Contention of learned counsel for the petitioner is that in proceedings under Section 35 of the U.P. Revenue Code, 2006, the petitioner has filed objections, which were rejected. Against the said order, the petitioner filed an appeal and the appeal filed by the petitioner was allowed and the matter was remanded back. Against the order passed by the appellate court, the revision was filed by the private respondents before the Commissioner, which was allowed and the order passed by appellate court has been set aside.
4. Learned Standing Counsel has raised a preliminary objection that against the
order impugned, the petitioner has alternative remedy of filing a revision under Section 210 of the U.P. Revenue Code, 2006.
5. In view of the same, I am not inclined to interfere in the matter.
6. Accordingly, the writ petition is disposed of with liberty to the petitioner to avail the remedy of revision as available to him under law.
Order Date :- 24.2.2025/Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad