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2025 DAILYLAW 39963 (ALL)

PRABHASH MISHRA ALIAS PRABHASH CHANDRA MISHRA v. STATE OF U.P. AND 2 OTHERS

WRIC/10933/2025 · 2025-04-14

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:54362 Court No. - 35 Case :- WRIT - C No. - 10933 of 2025 Petitioner :- Prabhash Mishra Alias Prabhash Chandra Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar,Martand Kumar Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C. 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 of certiorari for quashing the order dated 26.03.2025 (annexure no.6) passed by Tehsildar, Tehsil- Kishni, District- Mainpuri (respondent no.2) in Case No.3880 of 2024 (Computer Case No.T202401490403880), Gaon Sabha Vs. Prabhash Mishra, Under Section 67 of U.P. COMMISSION Revenue Code, 2006." 3. Learned Standing Counsel has raised a preliminary objection that the order impugned has been passed under Section 67 of the U.P. Revenue Code, 2006 and against the order impugned, the petitioner has an alternative remedy of filing of appeal under Section 67(5) of the U.P. Revenue Code, 2006. 4. Learned counsel for the petitioner has submitted that the order impugned is without jurisdiction as the transfer application filed by the petitioner was allowed by order dated 21.03.2025 but despite the transfer order, the order impugned has been passed by the respondent authority. 5. Be that as it may. Since the order impugned is appealable, I am not inclined to entertain the instant petition. 6. Accordingly, the petition is disposed of with liberty to the petitioner to avail the remedy as available to him under law. 7. In case, appeal is filed by the petitioner, the same shall be considered and decided, in accordance with law, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. 8. It is further provided that so far as the petitioner is concerned, he may take this ground that the order impugned has been passed despite an order of transfer passed by the authority. In case, such a plea is taken by the petitioner, the same shall also be considered by the appellate court in accordance with law. Order Date :- 15.4.2025 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