The High Court held that the writ petition challenging appeals under the U.P. Revenue Code was not maintainable asRevision remedy was available. The petition was dismissed with liberty to approach the Board of Revenue.
Writ petition dismissed; Liberty granted to file Revision application under Section 210 within three weeks.
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Neutral Citation No. - 2023:AHC:121447
Court No. - 3
Case :- WRIT - C No. - 16487 of 2023
Petitioner :- Smt Savita Singh And 2 Others Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Shyamdhar Pandey,Vijay Prakash Tripathi
Counsel for Respondent :- C.S.C.,Pradeep Singh
Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Shyamdhar Pandey, learned counsel for the petitioners, Sri Ajit Singh, learned counsel for respondent no. 10 and Sri Anand Bhaskar Srivastava, learned Standing Counsel for the State-respondents.
2. The petitioners have moved an application under Section 30 of the U.P. Revenue Code, 2006, which was dismissed vide order dated 22.07.2021. Against the aforesaid order the petitioner has filed an appeal under Section 38 (4) of the U.P. Revenue Code which has also been dismissed vide order dated 20.03.2023. Aggrieved by the aforesaid orders the petitioners have filed the instant writ petition.
3. Learned counsel for the State-respondents as well as learned counsel for respondent no. 10/Gram Sabha submits that against the order of appeal passed by the Commissioner under Section 38 (4), the petitioners may file the Revision application before the Board of Revenue under Section 210 of the U.P. Revenue Code, 2006, hence the writ petition is not maintainable on the ground of alternate remedy.
4. In view thereof, the instant writ petition is dismissed with liberty to the petitioners to file Revision application under Section 210 of U.P. Revenue Code, against the impugned order dated 20.03.2023, if so advised. It is further directed that if the Revision application under Section 210 is filed within a period of three weeks from today, the concerned authority/court shall not raise any objection with regard to the limitation.
Order Date :- 30.5.2023 Shubham Arya
Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petition for writ jurisdiction is maintainable in view of the alternate remedy available under Section 210 of the U.P. Revenue Code, 2006.
3 provisions across 1 enactments
Smt Savita Singh
State Of U.P.
Anish Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
