WPMS/913/2021
2021 Latest Caselaw 1555 UK

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                   COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
                  Signatures

                                      WPMS No. 913 of 2021
                                      Hon'ble Sharad Kumar Sharma, J.

(Via Video Conferencing) Mr. Tarun Prakash Singh Takuli, Advocate, for the petitioner.

Mr. Suyash Pant, Standing Counsel, for the State/respondent No. 1.

This writ petition has been preferred by the petitioner, which is arising out of the proceedings under Section 41 of the U.P. Land Revenue Act, by way of a Revenue Case No. 5/10 of 2011-12, Inder Singh and others Vs. Surendra Chauhan and Another, which was decided by the Court of Assistant Collector, First Class/Sub Divisional Magistrate, Jaspur, District Udham Singh Nagar on 10.07.2019.

The said judgment was put to challenge by the petitioner in an Appeal under Section 210 of the U.P. Land Revenue Act before the Court of Additional Commissioner, Kumaon Mandal, Nainital being Appeal No. 50/(2018-

19)/2(2019-20), Surendra Singh Chauhan Vs. State of Uttarakhand and others, which has been dismissed vide its judgement dated 25.03.2021.

Looking to the nature of the proceedings, which has been conducted under the special statute, i.e. U.P. Land Revenue Act, the orders passed by the Appellate Authority under Section 210 of the U.P. Land Revenue Act, would be revisable under Section 219 of the U.P. Land Revenue Act before the Board of Revenue.

In that eventuality, this writ petition would not be maintainable, as the petitioner has got a statutory remedy available to him under law by way of preferring of a Revision against the impugned appellate order dated 25.03.2021 and the order of Assistant Collector dated 10.07.2019.

Consequently, in view of the matter, and in view of an availability of remedy to the petitioner, the writ petition is not maintainable and the same is accordingly dismissed.

(Sharad Kumar Sharma, J.) 22.04.2021 Mahinder/