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2025 DAILYLAW 14989 (ALL)

TEJ BAHADUR AND 5 OTHERS v. STATE OF U.P. AND 2 OTHERS

WRIC/3340/2025 · 2025-02-13

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20903 Court No. - 34 Case :- WRIT - C No. - 3340 of 2025 Petitioner :- Tej Bahadur And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Narayan Dutt Shukla,Rituvendra Singh Nagvanshi,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The present petition has been filed for the following relief: "i) issue a writ, order or direction in the nature of Certiorari call for record and quash the impugned order dated 31.12.2024 passed by Sub Divisional Officer, Hata, Kushinagar in Case No. 3870/2024 Computerised Case No. C202405440203870 under section 32/38 of U.P. Revenue Code (Annexure No. 1 to this writ petition)." 3. The order impugned in the writ petition is an order passed under Section 38 of the U.P. Revenue Code, 2006. 4. Learned Standing Counsel has raised a preliminary objection that against the order impugned, the petitioner has a statutory alternative remedy of filing an appeal under Section 38(4) of the U.P. Revenue Code, 2006. 5. Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition. 6. Without entering into merits of the case, the writ petition is disposed of with liberty to the petitioner to file an appeal under Section 38(4) of U.P. Revenue Code, 2006 before appropriate authority. In case, the appeal is filed by the petitioner within two weeks, the same shall be considered and decided in accordance with law expeditiously, preferably within a period of next three months after hearing all the parties concerned. Learned counsel for the petitioner is also given liberty to move an application for interim relief in the aforesaid appeal and in case, such an application is moved along with the appeal, the same shall be considered and decided within four weeks thereafter. Order Date :- 13.2.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad