Dismissed¶10

Om Prakash v. Addl. Sub Divisional Officer Mandal Ayodhya, Tahsil Sader, Ayodhya and Others

Allahabad HC13 Feb 2024/1196/2024

Case brief

AI extract

What is this about?

Status-quo order dated 26.12.2023; Regular Suit No. 7701 of 2023; Sub Divisional Magistrate, Sadar, Ayodhya; preliminary objection of innocuous order; alternate efficacious remedy; revision under the Code of 2006; writ petition dismissed as withdrawn with liberty; no examination on merits; Om Prakash; Gaon Sabha; private respondent nos. 4 to 8; Jaspreet Singh, J.; decided 13.2.2024; Neutral Citation 2024:AHC-LKO:13178.

What did the court decide?

Permission to withdraw the writ petition with liberty to take recourse to the appropriate proceedings as provided in law; no adjudication on merits. ¶10

Om Prakash Vs Addl. Sub Divisional Officer Mandal Ayodhya, Tahsil Sader, Ayodhya and Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to withdraw the writ petition with liberty to take recourse to the appropriate proceedings as provided in law; no adjudication on merits.

¶10

Issue for consideration

Whether the writ petition should be entertained against the status-quo order dated 26.12.2023 passed by the Sub Divisional Magistrate, Sadar in Regular Suit No. 7701 of 2023, notwithstanding the preliminary objection that the order was innocuous and that an efficacious alternate remedy of filing a revision under the Code of 2006 was available.

¶8

Court's answer

The writ petition is dismissed as withdrawn, the petitioner having been permitted to withdraw with liberty to take recourse to the appropriate proceedings as provided in law.

¶10

Ratio / Principle

The Court has not examined the case of either of the parties on merits; the petition was not entertained solely on the ground of availability of alternate efficacious remedy.

¶11

Detailed headnote1 paragraphs

Om Prakash v. Addl. Sub Divisional Officer Mandal Ayodhya, Tahsil Sader, Ayodhya and Others, WRIT - C No. 1196 of 2024 (High Court of Judicature at Allahabad, Lucknow Bench; Jaspreet Singh, J.; Order Date 13.2.2024; Neutral Citation 2024:AHC-LKO:13178): Writ petition directed against the order dated 26.12.2023 passed by the Sub Divisional Magistrate, Sadar in Regular Suit No. 7701 of 2023 directing the parties to maintain status-quo. On the preliminary objection raised by the private respondents that the order was innocuous and that the petitioner had an efficacious alternate remedy of filing a revision under the Code of 2006, learned counsel for the petitioner sought permission to withdraw the petition with liberty to take recourse to appropriate proceedings as provided in law. The petition was dismissed as withdrawn; the Court expressly made clear that it had not examined the case of either of the parties on merits and that it was solely on the ground of availability of alternate efficacious remedy that the petition was not entertained.

Om Prakash v. Addl. Sub Divisional Officer Mandal Ayodhya, Tahsil Sader, Ayodhya and Others

Case brief

What is this about?

What did the court decide?

Om Prakash v. Addl. Sub Divisional Officer Mandal Ayodhya, Tahsil Sader, Ayodhya and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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