Ramesh Kumar Vs State of U.P. and 7 Others

Court No. - 72

Case :- WRIT - B No. - 1941 of 2021

Petitioner :- Ramesh Kumar Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Om Prakash Mishra Counsel for Respondent :- C.S.C.,Deepak Gaur

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Deepak Gaur, learned counsel for the Gaon Sabha through vedio conferencing.

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Learned counsel for the respondents has raised preliminary objection and submitted that against the impugned order, petitioner has remedy to file revision under Section 48 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as Act, 1953) before the Deputy Director of Consolidation.

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Learned counsel for the petitioner disputed the submission of learned counsel for the respondents and submitted that as per Section 54(7) of Act, 1953, petition is maintainable, but he could not demonstrate the Section 54(7) of Act, 1953.

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Learned counsel for the respondents has also disputed the argument of learned counsel for the petitioner and submitted that under Section 54 of Act, 1953, there are only three sub sections.

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I have considered the rival submissions advanced by the learned counsel for the parties and perused the impugned order as well as different books of U.P. Consolidation of Holdings Act, 1953. As per 2022 edition of the said book, in Section 54 of Act, 1953, there are only three sub sections.

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Therefore, under such facts and circumstances of the case, the writ petition is dismissed on the ground of alternative remedy with liberty to petitioner to file revision under Section 48 of Act, 1953 before the appropriate forum, if so advised.

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Order Date :- 24.1.2022 Junaid

Ramesh Kumar v. State of U.P. and 7 Others

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Ramesh Kumar v. State of U.P. and 7 Others

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