Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:11925 Court No. - 34 Case :- WRIT - C No. - 22012 of 2024 Petitioner :- Chandrapal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Srivastava Counsel for Respondent :- Arun Kumar Pandey,C.S.C. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner, Sri Arun Kumar Pandey, learned counsel for respondent no.4 and Sri Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondent nos.1 to 3.
2. The writ petition has been filed with the following main prayer:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 19.12.2023 passed by Sub- Divisional Officer, Tehsil Dhampur, District Bijnor in Case No.01255 of 2018, Computerized Case No.T201813160301255 and order dated 03.04.2024 passed by Divisional Commissioner, Division Moradabad in Revision No.65524 (Chandrapal Singh Vs. State of U.P. and others)."
3. After arguing at some length, learned counsel for the petitioner has fairly admitted that for proceedings arising from the proceedings of correction of record, the petitioner has a right to avail remedy as provided under Section 144 of U.P. Revenue Code, 2006. He has further submitted that petitioner is ready to file a declaratory suit under Section 144 of U.P. Revenue Code, 2006, but the observations made by the two courts below may not come in the way of the petitioner's claim.
4. At this juncture, learned Additional Chief Standing Counsel has submitted that writ petition is not maintainable in view of the judgment passed in Writ - C No.21993 of 2022 (Alladin Vs. State of U.P. and 12 others). He has further submitted that petitioner has an alternative remedy to file a declaratory suit as the petitioner has stated that he wants to seek remedy before the competent forum.
5. Writ petition is accordingly disposed of with liberty to the petitioner to avail remedy as provided under Section 144 of U.P. Revenue Code, 2006. However, it is made clear that the
competent authority before whom the declaratory suit, if any, is filed under Section 144 of U.P. Revenue Code, 2006, will not be influenced in any manner by the observations made by the two courts below in the present proceedings. Order Date :- 23.1.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad