Jagdish vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 8663 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 
Case :- WRIT - C No. - 2190 of 2023
 
Petitioner :- Jagdish
 
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 3 Others
 
Counsel for Petitioner :- Radhey Shyam Dwivedi,Surendra Kumar Srivastava
 
Counsel for Respondent :- C.S.C.,Mohan Singh
 

 
Hon'ble Saurabh Lavania,J.

Heard Sri Radhey Shyam Dwivedi, learned counsel for the petitioner, Sri Hemant Kumar Pandey, learned State counsel for the respondent Nos. 1 & 2 and Sri Mohan Singh, learned counsel for the respondent No. 3/Gram Sabha concerned.

By means of this petition, the petitioner has challenged the order dated 09.12.2022, passed by the respondent No. 2/Sub-Divisional Magistrate, Tehsil Tiloi, District Amethi.

At the very outset, Sri Hemant Kumar Pandey, learned State counsel says that the present petition is not maintainable in view of statutory remedy available to the petitioner to approach the Revisional Authority concerned against the order impugned dated 09.12.2022 by means of a revision under Section 210 of U.P. Revenue Code, 2006, which is akin to Section 219 of U.P. Land Revenue Act, 1901. In this regard, he placed reliance on a judgment of this Court dated 15.2.2023 passed in WRIT- B No. 778 of 2022 (Jagdish Prasad vs. State Of U.P. Thru. The Secy. Revenue Civil Sectt. Lko. And Others).

In view of aforesaid, this Court is not inclined to entertain this petition. It is accordingly dismissed, however, with liberty to the petitioner to file a revision against the order impugned dated 09.12.2022. In case, any such revision is filed by the petitioner, the Revisional Authority shall consider and decide the same after taking note of aforesaid judgment of this Court and affording full opportunity of hearing to the parties to the litigation and without granting any unnecessary adjournment to either party preferably within a period of six months from the date of filing of revision along with a certified copy of this order, if possible and if there is no other legal impediment in this regard.

It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law.

Order Date :- 23.3.2023/Arun/-