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2025 DAILYLAW 18964 (ALL)

URMILA PANDEY v. STATE OF U.P. AND 5 OTHERS

WRIC/4464/2025 · 2025-03-03

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30386 Court No. - 37 Case :- WRIT - C No. - 4464 of 2025 Petitioner :- Urmila Pandey Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Brahm Prakash Mishra Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Sri Brahm Prakash Mishra, learned counsel for the petitioner and Sri Awadhesh Kumar Patel, learned Standing Counsel appearing for the State-respondent nos.1, 2 and 3. 2. By means of the present writ petition, the petitioner has challenged the order dated 12.12.2024 passed by the Sub Divisional Officer, Tehsil- Rajatalab, District- Varanasi (respondent no.2) in Case No. 11071 of 2022 (Computerized Case No. T202214700311071) (Urmila Pandey versus State) under Section 24 of the U.P. Revenue Code, 2006. 3. By means of the impugned order dated 12.12.2024, the Sub Divisional Officer (respondent no.2) rejected the application filed by the petitioner under Section 24 of the U.P. Revenue Code, 2006, regarding the demarcation of Arazi Nos. 1394 and 1396. 4. At the very outset, learned Standing Counsel appearing for the State has raised a preliminary objection regarding the entertainability of the writ petition on the ground of availability of statutory alternative remedy as provided under Section 24(4) of the U.P. Revenue Code, 2006. 5. Learned counsel for the petitioner, at this stage, submits that he may be permitted to withdraw the present writ petition with liberty to the petitioner to file an appeal as provided under Section 24(4) of U.P. Revenue Code, 2006, before the Commissioner concerned. 6. In view of above, the learned counsel for the petitioner is permitted to withdraw the present writ petition with liberty to the petitioner file appeal under Section 24(4) of the U.P. Revenue Code, 2006, before the Commissioner, Varanasi Division, Varanasi. 7. It is provided that if the aforesaid appeal is filed within a period of two weeks from today along with certified copy of this order, the Commissioner concerned shall entertain the same by exempting the statutory period of limitation as provided under law. 8. The writ petition is, accordingly, dismissed as withdrawn with the aforesaid liberty and directions. Order Date :- 4.3.2025 Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad