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Neutral Citation No. - 2025:AHC:90983 Court No. - 35 Case :- WRIT - C No. - 16240 of 2025 Petitioner :- Tula Ram Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Som Pal Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.
2. The present petition has been filed challenging the orders by which interim injunction has been granted to the respondents in a proceeding under Section 116 of the U.P. Revenue Code, 2006 and the application for recalling the order has also been rejected.
3. Contention of the learned counsel for the petitioner is that interim injunction has been granted to the respondents without hearing the petitioner who was defendant in the suit.
4. Learned Standing Counsel has submitted that provisions of C.P.C. are applicable to Section 116 of the U.P. Revenue Code, 2006 and in view of Order 43 Rule 1(r) of C.P.C., the order impugned is appealable or otherwise, the petitioner may file revision against the order impugned.
5. Since the petitioner has an alternative remedy, 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. Certified copy of the orders, if any, be returned to learned counsel for the petitioner after retaining photo copy of the same. Order Date :- 28.5.2025 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