Petitioner alleged obstruction over chak road. Court held he can approach Commissioner under U.P. Revenue Code, 2006. Petition disposed permitting application within two weeks.
Permitting petitioner to file application under sections 25/26 of U.P. Revenue Code, 2006 before concerned court within two weeks.
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Court No. - 52
Case :- WRIT - C No. - 8930 of 2023
Petitioner :- Pratap Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Srivastava Counsel for Respondent :- C.S.C.,Hari Narayan Singh
Hon'ble Kshitij Shailendra,J.
Heard Shri Sanjay Kumar Srivastava, learned counsel for the petitioner, learned Standing Counsel representing the Staterespondents as well as Shri Hari Narayan Singh, learned counsel representing the Gaon Sabha.
The petitioner alleges obstruction/encroachment over chak road covered by Gata No. 78 and 79, situated at village Mahmoodpur Patti Sapa, Block and Tehsil Kayamganj, district Farrukhabad, and in this regard has has moved an application before the Commissioner, concerned on 28.02.2023. The allegation is against the Gram Sabha and its village Pradhan.
Learned Standing Counsel submits that section 25/26 of U.P. Revenue Code, 2006 is statutory provision whereunder the grievance of the petitioner can be considered by the Statutory Authority/court and, therefore, the petitioner has an alternative remedy of filing an application under the said provision.
In view of above, the writ petition is disposed of permitting the petitioner to file an application under section 25/26 of the U.P. Revenue Code, 2006 before the court concerned.
In case, such application is filed within two weeks from today, the same shall be allotted a computerized number and, thereafter, the matter shall be decided within a period of next four months , after giving full opportunity of hearing to the parties concerned.
Order Date :- 12.4.2023 Sazia
Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the writ petition concerning obstruction over chak road requires adjudication or alternative remedy exists.
1 provisions across 1 enactments
Pratap Singh
State Of U.P.
State Respondents
Gaon Sabha
Kshitij Shailendra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
