Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:59569 Court No. - 35 Case :- WRIT - C No. - 11916 of 2025 Petitioner :- Om Narayan Ray Respondent :- State Of Up And 11 Others Counsel for Petitioner :- Anand Kumar Tiwari,Ved Prakash Shukla Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :-
"A) A writ order or direction in the nature of certiorari quashing the orders dated 25 Jan 2025 passed by the respondent No. 2 as well as order dated 31 Dec 2018 passed by Respondent No. 3. B) A writ order or direction in the nature of mandamus to the respondents not to give affect the orders dated 25 Jan 2025 passed by the respondent No. 2 as well as order dated 31 Dec 2018 passed by Respondent No. 3. C) A writ order or direction in the nature of mandamus to the respondent No. 2 and 3 to initiate fresh proceedings under section 116 of UP Revenue Code 2006 strictly and in accordance with Rule 109 of UP Revenue Rules 2016."
3. Against the order dated 31.12.2018 passed in proceedings under Section 116 of the U.P. Revenue Code, 2006, a revision has been filed by the petitioner and the same has been dismissed.
4. A preliminary objection has been raised by learned Standing Counsel that against the judgment and decree passed under Section 116 of the U.P. Revenue Code, 2006, remedy available to the petitioner was to file an appeal and not a revision. Revision has wrongly been filed and the same has been entertained by the respondent - authority.
5. In view of the same, I am not inclined to interfere with the matter.
6. Accordingly, this writ petition stands disposed of with liberty to the petitioner to challenge the order passed by the S.D.M. in appeal. In case, such an appeal is filed, the appeal shall be considered and decided by the respondent - authority without being influenced by the findings recorded by the Revisional Court. Order Date :- 22.4.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad