Mohd. Umar Khan vs State Of U.P. And 3 Others
2023 Latest Caselaw 26873 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:189086
 
Court No. - 52
 
Case :- WRIT - C No. - 28889 of 2023
 
Petitioner :- Mohd. Umar Khan
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Sanjeev Kumar Pandey
 
Counsel for Respondent :- C.S.C.,Krishna Kant Singh
 

 
Hon'ble Saurabh Srivastava,J.

1. Heard Sri Sanjeev Kumar Pandey, learned counsel for the petitioner and Sri Dhanajay Singh, learned Standing Counsel for the State-respondents as well as Sri Krishna Kant Singh, learned counsel for Gram Sabha.

2. At the very outset, learned Standing Counsel has raised a preliminary objection regarding maintainability of this petition on the ground that the petitioner has an alternative remedy to challenge the impugned order under Section 67(5) of the U.P. Revenue Code, 2006.

3. Learned counsel for the petitioner placed reliance upon a judgment passed by Coordinate Bench of this Court in the case of Rishipal Singh Vs. State of U.P. and others [2023 (1) ADJ 154) in support of the averments mentioned in the petition and submitted that the present petition may also be allowed as it is of similar nature as the case of Rishipal Singh (supra).

4. By bare perusal of the aforesaid judgment, it is apparent that being aggrieved with the order passed by the Assistant Collector concerned, the petitioner in that case, was approached the Appellate Authority, but the petitioner herein having alternative remedy to approach the Appellate Authority, has not filed any appeal under Section 67 (5) of U.P. Revenue Code, 2006 against the order passed by the Assistant Collector under Section 67 of U.P. Revenue Code, 2006.

5. Learned counsel for the petitioner submits that he may be permitted to withdraw the present petition with alternative remedy.

6. Accordingly, the present petition stands dismissed as withdrawn with alternative remedy as available to him in accordance with law.

Order Date :- 3.10.2023/Vivek Kr.