Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 41807 (ALL)

MATA PRASAD PANDEY v. STATE OF U.P. AND 2 OTHERS

WRIC/11161/2025 · 2025-04-15

Prakash Padia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:55845 Court No. - 33 Case :- WRIT - C No. - 11161 of 2025 Petitioner :- Mata Prasad Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- R.K. Mishra Counsel for Respondent :- Abhinava Krishna Srivastava,C.S.C. Hon'ble Prakash Padia,J. 1. Heard R.K. Mishra, learned counsel appearing on behalf of petitioner and learned Standing Counsel appearing on behalf of State-respondents. 2. The petitioner has preferred the present writ petition inter-alia with the following prayer:- "i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 29.03.2025 passed by Commissioner Chitrakoot Dham Division, Banda/Respondent no. 2 in Case No. 807/2024 (Computerized Case No. C20240700000807) Mata Prasad Pandey Vs. Sachiv Chitrakoot Vishesh Kshetra Vikas Pradhikaran as well as quash the impugned order dated 18.04.2024 passed by Sachiv Chitrakoot Vishesh Kshetra Vikas Pradhikaran/Respondent No. 3 in Case No. 28/2023-24, State of U.P. Vs. Mata Prasad Pandey u/s 25 Uttar Pradesh Vishesh Kshetra Vikas Pradhikaran Act, 1986 (Annexure No. 9 and 5 to this Petition)." 3. Aggrieved against the order dated 18.04.2024 passed by Sachiv Chitrakoot Vishesh Kshetra Vikas Pradhikaran/Respondent No. 3, an appeal as provided under sub section 3 of Section 25 of the Act, 1986 was filed by the petitioner before the Commissioner, Chitrakoot Dham, Division, Banda. Initially an interim protection was granted on 10.05.2024, ultimately the aforesaid appeal was dismissed by the Commissioner vide order dated 29.03.2025, hence the present petition. 4. A preliminary objection has been raised by the learned counsel appearing on behalf of respondent no. 3 that against the aforesaid order a statutory alternative remedy is available to the petitioner to file a revision before the State Government as provided under sub Section 3 of Section 38 of the Act, 1986. 5. In this view of the matter and without interring in to the merits of the case, the present writ petition is disposed of finally permitting the petitioner to file a revision before State Government alongwith application for interim protection within a period of three weeks from today along with certified copy of this order. If such revision is filed along-with stay application, the concerned authority will pass appropriate orders on merits on the stay application within a period of six weeks. 6. For a period of three months or till the time the decision is taken by the competent authority on the stay application submitted by the petitioner, whichever is earlier, the order dated 10.05.2024 passed in favour of the petitioner by the respondent no. 2 shall remain operative. Order Date :- 16.4.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad