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2025 DAILYLAW 164622 (ALL)

BARKHU AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE, LKO. AND OTHERS

WRIC/9455/2025 · 2025-10-08

Jaspreet Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9455 of 2025 Court No. - 6 HON'BLE JASPREET SINGH, J. 1 Heard learned counsel for the petitioners. Notice on behalf of the respondents No.1 to 4 has been accepted by the office of the Chief Standing Counsel. Shri Mohan Singh, learned counsel has accepted notice on behalf of the respondent No.5 and Shri Sandeep Kumar Pandey, learned counsel has accepted notice on behalf of the respondent No.6 on caveat. 2. A preliminary objection has been raised by the learned standing counsel as well as learned counsel for the respondent No.6 to indicate that the orders impugned before this Court have been passed in exercise of powers under Section 24 of the U.P. Revenue Code, 2006 (for short, 'the Code of 2006') as well as the Commissioner in exercise of powers under Section 24(4) of the Code of 2006. Against the said orders, the petitioners have a statutory remedy of filing a revision under Section 210 of the Code of 2006 and for the said reason, the petition is not maintainable. 3. Learned counsel for the petitioners has made submissions to the effect that the petitioners had filed their objections to the spot inspection report which was not considered by either the Sub Divisional Magistrate or the Commissioner and in the aforesaid circumstances there has been a denial of opportunity and the orders are also vitiated on the aforesaid count. However, learned counsel for the petitioners could not dispute the fact that the petitioners have an alternative statutory remedy of filing a Versus Counsel for Petitioner(s) : Rakesh Kumar Singh Counsel for Respondent(s) : C.S.C., Mohan Singh, Sandeep Kumar Pandey, Shitla Prasad Tiwari Barkhu And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. And Others .....Respondent(s) revision under Section 210 of the Code of 2006. 4. In view of the aforesaid, this Court is not inclined to entertain the petition at this stage, however, leaving it open for the petitioners to take remedy as available to them in law. 5. It is also made clear that this Court has not examined the case of either of the parties on merits. It is further observed that in case if the petitioners take recourse to the statutory remedy, the same shall be considered on its own merit and merely declination by this Court to entertain the instant petition may not come in the way of the petitioners. 6. With the aforesaid observations, the petition is disposed of. October 8, 2025 Rakesh/- WRIC No. 9455 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench