MANSHA DEVI AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE DEPTT., LKO. AND OTHERS
WRIC/9548/2025 · 2025-10-10
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 195702 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 195702 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9548 of 2025 Court No. - 6 HON'BLE JASPREET SINGH, J. Heard learned counsel for the petitioners. Notice on behalf of respondent nos. 1 to 3 has been accepted by the office of the learned Chief Standing Counsel. The learned Standing Counsel has raised a preliminary objection regarding maintainability of the petitioner and it has been urged that in a mutation case which was decided on 11.03.2024 in favour of the petitioner, at the behest of the private respondents, an application for recall was moved which was entertained by the Court and on 28th August, 2024 while issuing notices to the present petitioners, the operation of the earlier order dated 11.03.2024 was stayed. It is urged that the petitioners have filed an appeal against the said order which has been dismissed and it is always open for the petitioner to move an application for recall or proceed to file a revision but nevertheless the writ petition before this Court may not be maintainable. Be that as it may, learned counsel for the petitioners after arguing at some length could not dispute the fact regarding the availability of the statutory remedy. In view of the aforesaid, this Court is not inclined to entertain the present petition leaving it open for the petitioner to take recourse as may be available to him in law and needless to say that in case if the petitioner opts for the statutory remedy, the same shall be considered on its own Versus Counsel for Petitioner(s) : Ajeet Kumar Mishra Counsel for Respondent(s) : C.S.C. Mansha Devi And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt., Lko. And Others .....Respondent(s)
merits and mere dismissal of the petition on the ground of availability of statutory remedy may not come in the way of the petitioner. With the aforesaid, the present petition is dismissed.
October 10, 2025 Asheesh WRIC No. 9548 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