Devendra Singh vs State Of U P And 4 Others
2022 Latest Caselaw 13042 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 52
 

 
Case :- WRIT - C No. - 22695 of 2022
 

 
Petitioner :- Devendra Singh
 
Respondent :- State Of U P And 4 Others
 
Counsel for Petitioner :- Awadhesh Kumar Mishra,Manoj Singh
 
Counsel for Respondent :- C.S.C.,Bachchu Lal Yadav,Dharam Veer Singh,Krishna Kant Singh
 

 
Hon'ble Chandra Kumar Rai,J. 

Heard learned counsel for the petitioner and Mr. Bachchu Lal Yadav, learned counsel for the respondent No.3.

Respondent No.4 raised preliminary objection that against the impugned judgment and order passed by Commissioner on 29.06.2022 under Section 331 (3) of U.P.Z.Z.&L.R. Act second appeal will lie before the Board of Revenue under 331 (4) of U.P.Z.A.&L.R. Act/Section-208 of U.P. Revenue Code, 2006.

On the other hand, learned counsel for the petitioner submitted that initially, the proceeding has come before the Board of Revenue by way of second appeal and the matter was remanded back before the trial court for fresh consideration. The trial court has decided the dispute against the petitioner and against the same, petitioner filed first appeal before Commissioner, which has been decided by the impugned order dated 29.06.2022. Hence learned counsel for the petitioner submitted that in place of second appeal, the writ petition has been filed by the petitioner before this Court, as the matter relates for partition under Section 176 of U.P.Z.A. & L.R. Act/116 of U.P. Revenue Code, 2006.

I have considered the arguments advanced by the learned counsel for the parties.

Since against the impugned judgment and order dated 29.06.2022, an alternative remedy for filing second appeal under Section 331 (4) of U.P. Z.A. & L.R. Act (Section 208 of U.P. Revenue Code 2006) is available to the petitioner, as such, the writ petition is dismissed on the ground of alternative remedy.

Order Date :- 14.9.2022/PS*