Smt. Sursati vs Addl. Commissioner (Judicial) ...
2023 Latest Caselaw 691 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- WRIT - C No. - 67 of 2023
 

 
Petitioner :- Smt. Sursati
 
Respondent :- Addl. Commissioner (Judicial) Ayodhya Division, Ayodhya And Others
 
Counsel for Petitioner :- Vivek Singh
 
Counsel for Respondent :- C.S.C.,Mohan Singh,Yugal Kishor Tripathi
 

 
Hon'ble Saurabh Lavania,J.

Heard learned counsel for the parties.

The present petition has been filed for the following main relief:-

"(I)- Issue a writ, order or direction in the nature of Certiorari quashing order dated 20/10/2022 passed by opposite party No. 1 in Appeal No. 01406/2010 Computer No. C201904000001406 U/S 331(3) of U.P.Z.A. And L.R. Act, 1950 and order and Decree dated 20/07/2017 & 08/08/2018 passed in Case No. 94/200-2011 Computrikrit No. T201004715160 U/s 176 Z.A. Act passed by opposite party No. 3. order dated 20/10/2022 passed by learned opposite party No. 1 and order dated 08/08/2018 passed by learned opposite party No. 2 contained as Annexure No. 1 and 2 to this writ petition."

At the very outset, learned Counsel for the respondent no.4 and learned Standing Counsel have raised preliminary objection regarding maintainability of the present petition. The issue of maintainability has been raised on the basis of Section 331(4) of U.P.Z.A. & L.R. Act, 1950. Based upon Section 331(4) of the Act, 1950, learned Counsel for the respondents stated that second appeal would lie in the instant case. In this regard he has placed reliance upon the judgment passed in 2022(157) RD 1 ( Udayvir and Others Versus Board of Revenue, U.P. at Prayagraj through its Secretary and Others).

Learned Counsel for the petitioner could not dispute the aforesaid aspect of the case.

For the reasons aforesaid, this Court is not inclined to interfere in the order(s) impugned. Accordingly, the present petition is dismissed with liberty to the petitioner to approach before the concerned authority as indicated under Section 331(4) of the Act of 1950.

Order Date :- 6.1.2023

Jyoti/-