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2025 DAILYLAW 146975 (ALL)

SANA PARVEEN v. THE SPECIAL JUDGE P.C ACT IV LKO AND 2 OTHERS

A227/3856/2025 · 2025-06-24

Brij Raj Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36165 Court No. - 3 Case :- MATTERS UNDER ARTICLE 227 No. - 3856 of 2025 Petitioner :- Sana Parveen Respondent :- The Special Judge P.C Act Iv Lko And 2 Others Counsel for Petitioner :- Doodh Nath Mishra,Amit Kumar Mishra Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and learned standing counsel for the State. 2. The present writ petition has been preferred by the petitioner with the following main prayer:- " Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to; a. issue an order or direction to opposite parties not to evict the petitioner/applicant from the rental portion of the house and also not to give effect of the order dated 04.02.2025 and 31.05.2025 containing as Annexure No. 1 & 2 to this petition, till the pendency of instant Rent Appeal No. 60/2025 (Smt. Sana Parveen VS Krishna Chandra Joshi). " 3. Learned standing counsel has raised a preliminary objection regarding the maintainability of the present writ petition as the petitioner is having an alternative efficacious statutory remedy to file an appeal against the impugned order. 4. At this stage, learned counsel for the petitioner has submitted that liberty may be given to the petitioner to file an appeal and the same may be decided within the time frame, as this Hon'ble Court may deem fit and proper. 5. As the petitioner has an alternative efficacious statutory remedy to file an appeal, therefore, the present writ petition is not maintainable before this Court, hence, it is dismissed as not maintainable with liberty to the petitioner to file an appeal and the same shall be decided expeditiously, in accordance with law. Order Date :- 24.6.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench