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2025 DAILYLAW 29366 (ALL)

TEJPAL AND 5 OTHERS v. STATE OF U.P. AND 8 OTHERS

WRIC/7550/2025 · 2025-04-06

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:49670 Court No. - 35 Case :- WRIT - C No. - 7550 of 2025 Petitioner :- Tejpal And 5 Others Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Ram Awtar Counsel for Respondent :- C.S.C.,Sher Bahadur Singh Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The present petition has been filed with the following prayer: "Issue a writ, order or direction in the nature of writ of certiorari quashing the impugned order dated 4.12.2023 passed by respondent no. 5, Tehsildar, Tehsil Dataganj, District Budaun in Case No. 10147 of 2023 its computerized No. T20231207010147 (Tejpal and others Vs. Land Management Committee) of village Bhagautipur, Pargana Salempur, Tehsil-Dataganj, District Budaun filed under section 38(1) of U.P. Revenue Code, 2006 by which the respondent no. 4 Sub Divisional Magistrate, Tehsil Dataganj, District Budaun deleted the name of petitioner over Aravi Khata no. 64 Gata no. 297M area 0.847 hectare passed in pursuance of report submitted by Halkal Lekhpal dated 3.10.2023 and order dated 24.5.2024 passed by respondent no. 4, Sub Divisional Magistrate in Case No. RST/10147 of 2023 (Tejpal and others Vs. Land Management Committee village Bhagautipur) filed Under section 38(1) U.P. Revenue Code, 2006 by which the restoration application filed by petitioner dated 16.12.2023 has been rejected by respondent no. 4 and confirmed the order dated 4.12.2023 without assigning any reason as well as order dated 15.7.2024 passed in appeal no. 1009 of 2024, its computerized No. C202412000001009 (Tejpal and others Vs. Kamla and others) filed Under section 38(4) U.P. Revenue Code, 2006 passed by respondent, no. 2, Additional Commissioner Bareilly Division Bareilly by which the appeal filed by petitioner against the order dated 4.12.2023 and 24.5.2023 has been rejected on the ground hat the appeal has no force and dismissed the appeal on ground of maintainability on 15.7.2023." 3. Learned Standing Counsel has raised a preliminary objection that the petitioners have an alternative remedy of filing revision against the order impugned. 4. Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition. 5. Accordingly, the petition is disposed of with liberty to the petitioners to avail the remedy as available to them under law. Order Date :- 7.4.2025/Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad