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2025 DAILYLAW 170463 (ALL)

DESHRAJ YADAV AND 5 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF REVENUE LKO. AND 3 OTHERS

/11274/2024 · 2025-01-09

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1504 Court No. - 8 Case :- WRIT - C No. - 11274 of 2024 Petitioner :- Deshraj Yadav And 5 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Revenue Lko. And 3 Others Counsel for Petitioner :- Jayant Pratap Singh Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioners. Notice on behalf of the respondents No.1 and 2 has been accepted by the office of Chief Standing Counsel. Shri Dilip Kumar Pandey, learned counsel has accepted notice for the respondent No.3. Under challenge is the order dated 29.08.2024, whereby upon an application moved by the private-respondent No.4 purportedly under Order 9 Rule 13 CPC along with an application under Section 5 of the Limitation Act has been allowed and the suit preferred by the petitioners under Section 229-B of the U.P. Z.A. & L.R. Act, 1950, which was decreed in their favour, has been recall and the suit has been restored to its original number. A specific query was put to the learned counsel for the petitioners as to whether they have any alternate remedy against the said order. In response thereto, learned counsel for the petitioners, after arguing at some length, could not dispute that the petitioners have remedy as provided in the U.P. Z.A. & L.R. Act, 1950. In light of the aforesaid, this Court is not inclined to entertain the instant petition which is dismissed, however, it will be open for the petitioners to get their rights adjudicated/assailed the order, if they so desire in an appropriate and statutory forum. Order Date :- 9.1.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench