Khaderu vs State Of U.P. And 4 Others
2023 Latest Caselaw 27707 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2023:AHC:193811
 
Court No. - 51
 

 
Case :- WRIT - C No. - 23711 of 2023
 

 
Petitioner :- Khaderu
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Rahul Kumar Sharma
 
Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi,Devendra Deo Gupta
 

 
Hon'ble Chandra Kumar Rai,J.

1.Heard Mr. Rahul Kumar Sharma, learned counsel for the petitioner, Mridul Kumar, learned Standing  Counsel for the State-respondents, Mr. Devendra Deo Gupta, learned counsel appearing for the respondent No.5 and Mr. Bhupendra Kumar, learned Counsel for respondent No.4 and learned Standing Counsel for State-respondents.

2. Petitioner has challenged the order dated 06.06.2023 passed by Additional Commissioner (Administration) Mandal Varanasi under Section 207 of U.P. Revenue code, 2006 arising out of proceeding under Section 116 of U.P. Revenue code, 2006.

3. In order to appreciate the controversy perusal of Third Schedule of U.P. Revenue Code, 2006, will be relevant, which is as under:

THIRD SCHEDULE

[See Sections 206, 207 and 208]

Section

Description of suit application or proceedings

Court or Officer of original jurisdiction

First Appeal

Second Appeal

Suit for division of a holding

Sub-Divisional Officer

Commissioner

Board

4. Perusal of Third Schedule of U.P. Revenue Code, 2006 as quoted above, demonstrate that against the order impugned remedy of Second Appeal is available to the petitioner before the Board of Revenue hence no interference is required in the matter.

5. In view of the remedy of second appeal against the impugned judgment, the writ petition is dismissed on the ground of alternative remedy.

6. Petitioner is directed to file second appeal before the Board of Revenue within a period of three weeks along with the prayer for condonation of delay which shall be considered by Board of Revenue in accordance with law taking liberal view of the delay condonation in accordance with law after giving opportunity of hearing to the parties concerned.

Order Date :- 9.10.2023

PS*