RAVINDRA VISHWAKARMA v. STATE OF U.P. AND 2 OTHERS
WRIC/23951/2025 · 2025-07-23
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 76039 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 76039 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:121723 Court No. - 34 Case :- WRIT - C No. - 23951 of 2025 Petitioner :- Ravindra Vishwakarma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sharda Prasad Mishra,Subhash Chandra Maurya Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J.
1. A preliminary objection has been raised by learned Standing Counsel as to the maintainability of the writ petition on the ground that the order of eviction has already been challenged in appeal under Section 67 (5) of U.P. Revenue Code, 2006, which is pending consideration before the court concerned and the said fact has been narrated by petitioner in paragraph no. 24 of the writ petition.
2. Once an appeal is pending consideration against the order of eviction, writ petition stands dismissed on the ground of alternative remedy as petitioner cannot avail two remedies at the same time.
3. However, the appellate authority is hereby directed to decide the appeal filed by petitioner against the eviction order, in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order. Order Date :- 24.7.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad