Matsya Palan Kalyan Samiti vs State Of U.P. And 4 Others
2023 Latest Caselaw 23919 ALL

Citation : 2023 Latest Caselaw 23919 ALL
Judgement Date : 29 August, 2023

Allahabad High Court

Matsya Palan Kalyan Samiti vs State Of U.P. And 4 Others on 29 August, 2023

Bench: Chandra Kumar Rai





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


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Neutral Citation No. - 2023:AHC:174185
 
Court No. - 51
 

 
Case :- WRIT - C No. - 22427 of 2023
 

 
Petitioner :- Matsya Palan Kalyan Samiti
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Ravindra Prakash Srivastava
 
Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta
 

 
Hon'ble Chandra Kumar Rai,J.

1. Heard learned counsel for the petitioner, Mr. Pankaj Kumar Gupta, learned counsel for the respondent no.4/Gram Panchayat and Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents.

2. The instant petition has been filed by the petitioner with the prayer to quash the impugned judgment and order dated 08.05.2023 passed by Collector/Ziladhikari, Basti in Case No.00352 of 2020, Computerized Case No.D202017140000352 (Benchu Prasad vs. Matsya Palan Kalyan Samiti and others) under Section 59(233(2)(14) of U.P. Revenue Code, 2006 (Annexure-10 to the writ petition).

3. Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State raised preliminary objection that against the order impugned remedy of revision under Section 210 of the U.P. Revenue Code, 2006 is available, as such the writ petition is liable to be dismissed on the ground of alternative remedy.

4. In view of the preliminary objection advanced by Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents, learned counsel for petitioner submitted that instant writ petition be dismissed as withdrawn with liberty to the petitioner to file revision against the order impugned before the revisional court.

5. In view of the prayer made by learned counsel for the petitioner, the instant writ petition is dismissed as withdrawn with liberty to the petitioner to file revision against the impugned order dated 08.05.2023. It is further provided that petitioner shall file revision alongwith the prayer for condonation of delay within a period of four weeks before revisional court, which shall not be dismissed on the ground of delay.

6. Office is directed to return the certified copy of the impugned order to learned counsel for the petitioner after retaining a photostat copy on the record of the writ petition.

Order Date :- 29.8.2023

Kalp Nath Singh