The Court converted the pending revision into an appeal under Section 67(5) of the U.P. Revenue Code, 2006 for expeditious disposal by the competent authority without expressing an opinion on the merits.
Pending revision treated as appeal under Section 67(5) of U.P. Revenue Code, 2006 to be decided expeditiously within 90 days.
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Court No. - 1
Case :- WRIT - C No. - 23897 of 2020
Petitioner :- Jai Raj And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Udai Narain Khare,Basdeo Nishad Counsel for Respondent :- C.S.C.,Sunil Kumar Singh
Hon'ble Vivek Agarwal,J.
Sri B.D. Nishad, learned counsel for the petitioner and Sri Girish Vishwakarma, learned Standing Counsel for the State are present.
Sri Nishad submits that he has already availed alternative statutory remedy of filing appeal under Section 67(5) of the U.P. Revenue Code, 2006, though it is wrongly mentioned as revision.
Sri Vishwakarma submits that since there exist an alternative statutory remedy and appellant has already availed the same, no indulgence is required to be shown by this Court.
After hearing learned counsel for the parties and going through the available record, it is directed that pending revision be treated as appeal under Section 67(5) of the U.P. Revenue Code, 2006 and be decided expeditiously by the competent authority on its own merits and also taking into consideration the aspect of limitation, if possible, within a period of 90 days.
Petition is disposed off. This Court has not expressed any opinion on the merits of the case.
Order Date :- 29.1.2021 Vikram/-
2 issues framed by the court
Whether the pending revision should be treated as an appeal under Section 67(5) of the U.P. Revenue Code, 2006.
Whether relief should be granted despite the availability of an alternative statutory remedy.
1 provisions across 1 enactments
Jai Raj And 2 Others
State Of U.P. And 3 Others
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
