YADRAM ALIAS YADRAM SHARMA v. STATE OF U.P. AND 2 OTHERS
WRIC/6175/2025 · 2025-03-18
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22642 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22642 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:39649 Court No. - 33 Case :- WRIT - C No. - 6175 of 2025 Petitioner :- Yadram Alias Yadram Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Pratap Singh Raghav Counsel for Respondent :- C.S.C.,Km. Surabhi Hon'ble Prakash Padia,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for respondent nos. 1 and 2 and Km. Surabhi, learned counsel for respondent no. 3.
2. The order dated 11.09.2024 passed in favour of respondent no.2- Naib Tehsildar, Arnia, Tehsil Khurja, District-Bulandshahr in the proceedings initiated by the Devesh Tripathi, under Section 34 of the U.P. Revenue Code, 2006 as well as the order passed in the restoration application dated 18.01.2025 passed by the respondent no. 2, namely, Naib Tehsildar, Arnia, Tehsil Khurja, District- Bulandshahr are under challenge in the present writ petition.
3. It is argued by counsel for the respondents that against the aforesaid orders statutory alternative remedy is available to the petitioner to file an appeal before the Sub Divisional Officer concerned as provided under Sub-section (2) of Section 35 of the U.P. Revenue Code, 2006 and the writ petition be dismissed on the ground of availability of alternative remedy.
4. Heard learned counsel for the parties and perused the record.
5. In the facts and circumstances of the case, without interfering in the orders which are under challenge, the present petition is
disposed of directing the petitioner to file an appeal as provided under Sub-section (2) of Section 35 of the U.P. Revenue Code, 2006 before the Sub Divisional Officer, concerned, who is directed to decide the same in accordance with law.
Order Date :- 19.3.2025 SY Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad