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2025 DAILYLAW 162003 (ALL)

RAJENDRA KUMAR TIWARI AND 3 OTHERS v. COMMISSIONER, DEVI PATAN MANDAL,GONDA, AND OTHERS

WRIC/8566/2025 · 2025-09-19

Jaspreet Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8566 of 2025 Court No. - 7 HON'BLE JASPREET SINGH, J. 1. Heard learned counsel for the petitioners. Notice on behalf of respondent nos. 1, 2, 3 has been accepted by the office of the learned Additional Chief Standing Counsel. Sri Pankaj Gupta, learned counsel has accepted notice on behalf of respondent no. 7. 2. The petitioner had filed a suit under Section 229-B of the Uttar Pradesh Zamindari Abolition & Land Reforms Act,1950 before the SDM which was dismissed under Order VII Rule 11 C.P.C. vide judgment dated 16.08.2023. 3. The petitioner thereafter preferred a revision before the Court of Commissioner who also by means of order dated 19.10.2023 dismissed the same. 4. A specific query was put to the learned counsel for the petitioners as to whether against an order rejecting the plaint, the petitioner would have an alternate statutory remedy. 5. After arguing at some length, he could not dispute the fact that an order passed under Order VII Rule 11 C.P.C. rejecting a plaint is appealable and even though if the petitioner have not filed a revision yet he has an option of filing a second appeal before the Board of Revenue. 6. In view of the above, this Court is not inclined to entertain the present petition which is accordingly dismissed leaving it open for the petitioners Versus Counsel for Petitioner(s) : Dinesh Kumar Mishra Counsel for Respondent(s) : C.S.C., Pankaj Gupta Rajendra Kumar Tiwari And 3 Others .....Petitioner(s) Commissioner, Devi Patan Mandal,Gonda, And Others .....Respondent(s) to take recourse as may be available to him in law. 7. Mere dismissal of the present petition may not be construed as an expression of opinion on merits of the matter and in case if the petitioners take recourse to the alternate statutory remedy, the same shall be considered on its own merits. 8. In case if the learned counsel for the petitioner moves an application for return of the certified copy, the office shall do the needful within a period of three days. September 19, 2025 Asheesh WRIC No. 8566 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench