Writ petition against a land attachment order endorsed on the Khatauni was disposed of, directing the petitioner to file statutory objections under Section 183 of the U.P. Revenue Code within the prescribed period and requiring the competent authority to decide them in law within one month.
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Neutral Citation No. - 2024:AHC-LKO:10742
Court No. - 5 Case :- WRIT - C No. - 1025 of 2024 Petitioner :- Uma Nath Respondent :- Bank Of India Branch Dharauli Tehsil Ram Sanehi Ghat Distt. Barabanki And 4 Others Counsel for Petitioner :- Chandra Bhanu Sharma,Suneel Kumar Counsel for Respondent :- Nitin Srivastava,C.S.C.
Hon'ble Abdul Moin,J.
Heard learned counsel for the petitioner, Shri Nitin Srivastava, learned cousnel for the respondent no. 1 and Shri Saharsh, learned Standing Counsel for the respondents no. 2 to 5.
Admittedly, against the order of attachment dated 11.01.2024 endorsement of which has been made on the Khatauni, a copy of which is annexure 4 to the petition, the petitioner has a statutory remedy of preferring his objections under Section 183 of the U.P. Revenue Code, 2006.
Considering the aforesaid the writ petition is disposed of leaving it open to the petitioner to file his objections against the order dated 11.01.2024 within the time period prescribed under the aforesaid Section.
In case the said objections are filed the competent authority shall proceed to decide the same in accordance with law within a period of one month from the date the petitioner prefers the said objections in accordance with law after hearing all the parties concerned provided there is no legal impediment.
The respondent no. 3 shall proceed to send a copy of the attachment order to the petitioner within three days of the petitioner giving the certified copy of this to the respondent no. 3.
Order Date :- 6.2.2024 J.K. Dinkar
Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the writ petition challenging the attachment order dated 11.01.2024 should be entertained despite the petitioner's statutory remedy under Section 183 of the U.P. Revenue Code, 2006.
1 provisions across 1 enactments
Uma Nath
Bank Of India Branch Dharauli Tehsil Ram Sanehi Ghat Distt. Barabanki
Respondents 2 to 5 (State authorities)
Abdul Moin
As recorded by the court registry
2 orders share this CNR
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