Petition challenging a revenue order was dismissed as withdrawn upon petitioner's submission to avail statutory alternate remedies available elsewhere.
Petition dismissed as withdrawn with liberty to avail statutory remedies.
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Court No. - 19
Case :- WRIT - C No. - 10584 of 2023
Petitioner :- Sarnaam Singh Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Revenue Lko. And 15 Others Counsel for Petitioner :- Shiv Kumar Yadav,Mata Prasad Chaturvedi Counsel for Respondent :- C.S.C.
Hon'ble Jaspreet Singh,J.
Learned Standing for the State has raised a preliminary objection regarding maintainability of the aforesaid petition.
It is submitted that the petitioner has preferred the instant petition assailing the order passed by the Sub Divisional Magistrate, Tehsil Malihabad, District Lucknow dated 07.08.2023 passed in proceedings under Section 24 of the U.P. Revenue Code 2006 and an order passed under the aforesaid provision is appealable in terms of Section 24(4) of the Code of 2006 as well as the fact that in the amendment of 2019 a further revision has also been carved out and for the aforesaid reasons the instant petition is not maintainable.
Learned counsel for the petitioner could not dispute the availability of statutory alternate remedy and he submits that he may be permitted to withdraw the petition with liberty to avail his legal right before appropriate forum.
In view of the aforesaid, the instant petition is dismissed as withdrawn with liberty to the petitioner to avail his remedy as may be available to him.
Order Date :- 2.1.2024 ank
Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench
Sarnaam Singh
State of U.P.
Jaspreet Singh
As recorded by the court registry
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