Dismissed¶7

Sochai Vishwakarma v. State of U.P. and Another

Allahabad HC2 Jan 2023A227/1897/2022

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What is this about?

Allahabad High Court; MATTERS UNDER ARTICLE 227 No. 1897 of 2022; Sochai Vishwakarma v. State of U.P. and Another; decided 2.1.2023 by Justice Rajeev Misra; Article 227 petition dismissed on ground of alternative remedy; alternative remedy of appeal before State Government under Section 52D, Indian Forest Act 1927; underlying case Criminal Case no. 2663 of 2012 under Section 3/11, U.P. Establishment and Regulation of Saw-Mills Rules, 1978 and Section 11, Indian Forest Act, P.S. Gaury Bazar, District Deoria; revision dismissed by Sessions Judge, Court No. 1, Deoria on 09.03.2021.

What did the court decide?

The petitioner has an effective and efficacious alternative remedy of filing an appeal before the State Government by virtue of the provisions contained in Section 52D of the Indian Forest Act 1927. ¶5

Sochai Vishwakarma Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2023)

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Court No. - 66

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Case :- MATTERS UNDER ARTICLE 227 No. - 1897 of 2022

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Petitioner :- Sochai Vishwakarma Respondent :- State of U.P. and Another Counsel for Petitioner :- Indra Mohan Singh Counsel for Respondent :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Indra Mohan Singh, the learned counsel for petitioner and the learned A.G.A. for State.

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This petition under Article 227 of the Constitution of India has been filed challenging order dated 07.11.2017 passed by Additional Chief Judicial Magistrate, Court No. 19, Deoria in Criminal Case no. 2663 of 2012 ( Forest Department Vs. Sochai Vishawkarma under Section 3/11, U.P. Establishment and Regulation of Saw-Mills Rules, 1978 and Section 11 of the Indian Forest Act, P.S. Gaury Bazar, District-Deoria as well as the order dated 09.03.2021 passed by Sessions Judge, Court No. 1, Deoria in Criminal Revision No. Nil of 2018 (Sochai Vishwakarma Vs. State of U.P. and others) whereby aforementioned revision filed by petitioner against order dated 07.11.2017 has been dismissed on the ground of alternative remedy.

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At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that by virtue of the provisions contained in Section 52D of the Indian Forest Act 1927, remedy lies to petitioner to file an appeal before the State Government. He therefore submits that no illegality or infirmity can be said to have been committed by court below in passing the order impugned dated 09.03.2021. On the aforesaid premise, learned A.G.A. submits that present petition is liable to be dismissed.

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When confronted with above, the learned counsel for

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petitioner could not overcome the same.

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Having heard the learned counsel for petitioner, the learned A.G.A. for State and upon consideration of the material brought on record, this Court finds that petitioner has effective and efficacious alternative remedy of filing an appeal before the State Government by virtue of provisions contained in Section 52D of the Indian Forest Act 1927

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Consequently, presently petition fails and is liable to be dismissed, on the ground of alternative remedy.

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It is accordingly dismissed, on the ground of alternative remedy.

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Order Date :- 2.1.2023 YK

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Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad

Sochai Vishwakarma v. State of U.P. and Another

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Sochai Vishwakarma v. State of U.P. and Another

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