WPMS/60/2021
2021 Latest Caselaw 117 UK

WPMS No. 60 of 2021
Hon'ble Sharad Kumar Sharma, J.

Mr. A.K. Sharma, Advocate for the petitioner.

Mr. T.S. Phartiyal, Addl. C.S.C. for the State of Uttarakhand.

The petitioner had earlier approached this Court by filing a Writ Petition, seeking a direction to the Assistant Collector / Sub Divisional Magistrate, to decide his application, which was then pending consideration, under Section 41 of the U.P. Land Revenue Act. The said Writ Petition, being Writ Petition No. 1378 of 2018 (M/S), Sanjay Kumar Vs. Gram Sabha and others, was disposed of by the Coordinate Bench of this Court on 21st October, 2020, thereby directing the Court of Sub Divisional Magistrate to take a decision on the pending application of the petitioner, preferred under Section 41 of the Land Revenue Act. The Sub Divisional Magistrate had decided the said application by way of the impugned order dated 5th November, 2020, which is under challenge before this Court, in the present Writ Petition.

Since the proceedings being the proceedings under Section 41 of the Land Revenue Act, which was directed to be decided by the judgment of the Coordinate Bench of this Court, is the proceedings which are contemplated under Section 41 of the Land Revenue Act, which has been statutorily made appealable under Section 210 of the Act. Hence, this Writ Petition is being dismissed on the ground of availability of an alternative statutory remedy, to approach before the Appellate Forum.

Accordingly, the Writ Petition is dismissed on the ground of availability of an alternative remedy to approach before the Appellate Court, under Section 210 of the Land Revenue Act, 1901.

(Sharad Kumar Sharma, J.) Dated 11.01.2021 Shiv