Rakesh Kumar Mishra and Another v. State of U.P. and 3 Others
Case brief
What is this about?
In a petition challenging rejection of agricultural land leveling application, the Allahabad High Court directed petitioners to file an appeal under Rule 79 of UP Minor Minerals Rules, 2021. The court opted not to decide on merits, allowing an appeal-high proof.
What did the court decide?
Petitioners directed to file appeal under Rule 79 of UP Minor Minerals Rules, 2021; appeal to be decided within three months.
What the court decided
Neutral Citation No. - 2023:AHC:180495-DB
Court No. - 3
Case :- WRIT - C No. - 32001 of 2023
Petitioner :- Rakesh Kumar Mishra And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ghan Shyam,Vivek Mishra Counsel for Respondent :- C.S.C
Hon'ble Siddhartha Varma,J. Hon'ble Manoj Bajaj,J.
The petitioners had proposed to level their agricultural land over Gata No.393 Cha (New Khata No.00135), measuring about 01.14 acre, Mauja Paigambarpur, Pargana and District Auraiya.
The application when was rejected on 27.05.2023, the instant writ petition was filed.
Sri Ankur Tandon, learned Standing Counsel states that the petitioners have an efficacious alternative remedy to file an appeal under Rule 79 of The Uttar Pradesh Minor Minerals (Concession) Rules, 2021.
Under such circumstances, we direct that if the petitioners file an appeal within three weeks from today then, without going into the question of limitation, the same shall be decided within a period of three months thereafter. The claim of the petitioners shall be decided on merits and the Appellate Court would not discard the appeal of the petitioners on the ground that the application had not been put on the portal.
Issues for consideration
1 issue framed by the court
Whether an efficacious alternative remedy exists via appeal under Rule 79 of The Uttar Pradesh Minor Minerals (Concession) Rules, 2021.
Parties & counsel
- petitioner
Rakesh Kumar Mishra
- petitioner
Another
- respondent
State Of U.P.
- respondent
3 Others
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- WRIC/32001/2023
Similar cases
Judgements on the same questions, provisions and authorities, from every court