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2025 DAILYLAW 74806 (ALL)

PASHUPATI NATH v. State of UP AND 3 OTHERS

WRIC/22024/2024 · 2025-03-04

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31557 Court No. - 37 Case :- WRIT - C No. - 22024 of 2024 Petitioner :- Pashupati Nath Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Kanhaiya Lal Tiwari Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble Syed Qamar Hasan Rizvi,J. Shri Kanhaiya Lal Tiwari, learned counsel for the petitioner and Shri Kuldeep Singh holding brief of Shri Pankaj Kumar Gupta, learned counsel for the Land Management Committee- respondent No. 4 and Shri Awadhesh Kumar Patel, learned Standing Counsel for the State-respondents No. 1 to 3 are present. By means of the present writ petition, the petitioner has challenged the order dated 13.2.2024 passed by the Sub Divisional Magistrate-respondent No. 3, Tehsil Harraiya, district Basti in Case No. 1020 of 2024, Computerized Case No. T20241714101020 (Pashupati Nath and others vs. Gram Sabha and others), under Section 24 of the U.P. Revenue Code, 2006. Learned counsel appearing on behalf of the opposite party at the very outset has raised a preliminary objection regarding the entertainability of the writ petition. The submission of learned Standing Counsel is that Section 24 (4) of the U.P. Revenue Code, 2006 provides appeal against the aforesaid impugned order. Contention of learned counsel appearing on behalf of opposite parties is that the statutory remedy of appeal is available to the petitioner before the Commissioner concerned, and as such, this writ petition under Article 226 of the Constitution of India is not entertainable. The learned counsel appearing on behalf of the petitioner, after arguing the matter at some length, prayed that he may be permitted to withdraw the present writ petition with liberty to the petitioner to file Appeal before the Commissioner concerned under Section 24(4) of the U.P. Revenue Code, 2006. In view of above, the writ petition is dismissed as withdrawn with the aforesaid liberty to the petitioner. Order Date :- 5.3.2025 Sumaira Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad