The High Court dismissed a writ petition against the Commissioner, Gonda, holding that an alternate remedy exists under Section 210 of the U.P. Revenue Code, 2006. The issue was left open for the petitioner to pursue.
The petition was dismissed as maintainable only via alternate statutory remedy.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:15068
Court No. - 8
Case :- WRIT - C No. - 1540 of 2024
Petitioner :- Vidya Singh Respondent :- Commissioner, Devi Patan Mandal, Gonda And Others Counsel for Petitioner :- Dileep Kumar Pathak,Indu Prakash Singh Counsel for Respondent :- C.S.C.,Deo Prakash Srivastava,Dinkar Singh,Pankaj Gupta
Hon'ble Jaspreet Singh,J.
Heard the learned counsel for the petitioner as well as the learned Chief Standing Counsel for the State-respondents.
Sri Deo Prakash Srivastava, learned counsel has put in appearance on behalf of respondent-caveator nos. 6 and 17 who has raised a preliminary objection regarding the maintainability of the instant petition on the ground that the petitioner has adequate remedy of filing a revision under Section 210 of the U.P. Revenue Code, 2006.
The learned counsel for the petitioner after arguing at some length could not dispute the aforesaid availability of the alternate remedy.
In view of the aforesaid, this Court is not inclined to entertain the present petition which is accordingly dismissed leaving it open for the petitioner to avail the remedy as provided in law.
It is made clear that the Court has not examined the case of either of the parties on merits and the instant petition has been dismissed solely on the ground of availability of statutory alternate remedy.
In case if the learned counsel for the petitioner moves an application for return of the certified copy, the office shall do the needful within a period of three days.
Order Date :- 16.2.2024 Asheesh
Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the High Court should entertain a writ petition when an adequate statutory remedy is available.
Vidya Singh
Commissioner, Devi Patan Mandal, Gonda
And Others
Jaspreet Singh
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
