SHRI PAL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 3 OTHERS
WRIC/10748/2025 · 2025-11-06
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 182168 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 182168 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10748 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Sri Sandeep Srivastava, learned Standing Counsel has raised a two-fold preliminary objections- (1). The State of U.P. has wrongly been impleaded in this petition arising out of a civil suit whereas the State of U.P. is not a party to the civil suit and (2). the petition challenges the validity of an order passed by the Civil Court and it has been filed under Article 226 of the Constitution of India whereas such a petition is not maintainable under Article 226 of the Constitution of India and it ought to have been filed under Article 227 of the Constitution of India.
2. Confronted with the aforesaid objection, the learned counsel for the petitioners states that he does not want press the instant petition and he seeks liberty to file a fresh petition.
3. Accordingly, the instant petition is dismissed as not pressed with the aforesaid liberty.
4. Let the certified copies annexed with the petition be returned to the learned counsel for the petitioners after retaining their photocopies of the same on record. November 6, 2025 Preeti Versus Counsel for Petitioner(s) : Bhagwandeen Sharma Counsel for Respondent(s) : C.S.C. (Subhash Vidyarthi,J.) Shri Pal And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 3 Others .....Respondent(s) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench