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2025 DAILYLAW 155446 (ALL)

KIRAN KUMARI v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT., LKO AND 6 OTHERS

WRIC/7402/2025 · 2025-08-11

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46605 Court No. - 5 Case :- WRIT - C No. - 7402 of 2025 Petitioner :- Kiran Kumari Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko And 6 Others Counsel for Petitioner :- Krishna Gopal Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Krishna Gopal, learned counsel for petitioner as well as learned Standing Counsel for the State. 2. By means of present writ petition, the petitioner has challenged the order dated 29.05.2025 passed by Naib Tehsildar in exercise of powers U/S 34 of U.P. Revenue Code, 2006. 3. A preliminary objection has been raised by learned Standing Counsel stating that the petitioner has an efficacious remedy of an appeal U/S 35(2) of U.P. Revenue Code, 2006. 4. Learned counsel for petitioner does not dispute the aforesaid facts but submits that respondents are trying to alienate the said land. 5. In light of the above, this Court is of the considered view that petitioner should be relegated to his statutory remedy of an appeal. Accordingly, this Court is not inclined to entertain this petition under Article 226 of the Constitution of India. However, it is provided that in case the appeal is filed within next two weeks, the respondent shall consider the application for interim relief with expedition, say, within next three weeks in according with law, if there is no legal impediment. 6. It is made clear that this Court has not looked into and pass any order on merits of the case. 7. With the above, observations / directions, the writ petition stands dismissed. (Alok Mathur, J.) Order Date :- 11.8.2025/Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench