Dismissed

Raees v. State of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. and Others

Allahabad HC15 Feb 2024/1215/2024

Case brief

AI extract

What is this about?

This petition challenged an order rejecting an application under Section 24 of the U.P. Revenue Code, 2006. The High Court dismissed the petition solely on the availability of an adequate statutory alternate remedy via appeal by way of revision, reserving merits for the appellate stage. Quality: thin.

What did the court decide?

The writ petition is dismissed solely on the ground of availability of statutory alternate remedy.

Raees Vs State of U.P. Thru. Prin… — Constitutional and Fundamental Rights | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:13991

¶2

Court No. - 8

¶3

Case :- WRIT - C No. - 1215 of 2024

¶4

Petitioner :- Raees

¶5

Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others Counsel for Petitioner :- Bal Keshwar Srivastava,Desh Deepak Singh,Masood Ali,Ravi Patel Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey

¶6

Hon'ble Jaspreet Singh,J.

¶7

Heard learned counsel for the petitioner.

¶8

Notice on behalf of respondent nos. 1 and 2 has been accepted by the office of the learned Chief Standing Counsel. Sri Dilip Kumar Pandey, learned counsel has accepted notice on behalf of respondent no. 3.

¶9

Under challenge is the order dated 18.12.2023 passed by the Sub Divisional Magistrate, Sarojini Nagar whereby an application under Section 24 of the U.P. Revenue Code, 2006 has been rejected.

¶10

The submission of learned counsel for the petitioner is that earlier an order has been passed by the Sub Divisional Magistrate concerned in proceedings initiated by the petitioner under Section 24 of the U.P. Revenue Code, 2006 and by the said order, the report of the Revenue Inspector dated 21.06.2022 was rejected. It was thereafter provided that he shall issue notice to all the contagious plot holders and thereafter complete the proceedings in accordance with law calling for a fresh report.

¶11

It is pointed out thate while passing the impugned order dated 18.12.2023, the same report which has been set aside by the order dated 02.12.2022 has been taken into consideration which is an error apparent and a jurisdictional error and for the aforesaid reasons despite the petitioner having the alternate and effacitious remedy of filing an appeal subject to revision as provided in the U.P. Revenue Code, 2006, the petitioner assails the said order.

¶12

Having considered the aforesaid and looking into the material available on record including the fact that the petitioner has an adequate statutory remedy of filing an appeal in terms of

¶13

Section 24(4) of the U.P. Revenue Code, 2006.

¶14

Accordingly, the petition is dismissed solely on the ground of availability of statutory alternate remedy. It is made clear that in case if the petitioner assails the said order, the same shall be considered on its own merits.

¶15

Order Date :- 15.2.2024 Asheesh

¶16

Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Raees v. State of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. and Others

Case brief

What is this about?

What did the court decide?

Raees v. State of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Vaheedul Nisha Vs F.T.C (S.D.) Fast Track Court (S.D.) Dist. Gonda and 2 Others

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

Royalgolf Link City Projects Pvt. Ltd. New Delhi Thru. Auth. Signatory Virendra Singh Vs Real Estate Regulatory Authority Niyojan Sansthan Lko. Thru. Its Chairman and 3 Others

Smt. Maya Devi and 2 Others Vs Civil Judge Junior Division Court 13 Barabanki and 3 Others

Jhinka Devi and Others Vs State of U.P. Thru. Addl. Chief Secy. Revenue, Lucknow and Others

Sangam Lal and Others Vs State of U.P. Thru. Secy. Revenue, Lucknow and Others