Writ petition against an SDM order dismissing a revenue case for non-prosecution was not pressed after maintainability objection; dismissed with liberty to pursue statutory remedy.
Petition dismissed as not pressed; liberty granted to avail remedy as provided under law.
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Neutral Citation No. - 2024:AHC-LKO:28375
Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 1725 of 2024
Petitioner :- Kashi Prasad Respondent :- Sub Divisional Magistrate Tehsil- Alapur Distt- Ambedkarnagar And 11 Others Counsel for Petitioner :- Ajay Kumar,Ashutosh Kumar Tiwari
Counsel for Respondent :- C.S.C.,Mohan Singh
Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri Mohan Singh, learned counsel for the respondent no. 12.
Learned Standing Counsel has raised a preliminary objection regarding the maintainability of the present writ petition as the petitioner has approached this Court directly against the order of the respondent no. 1/Sub Divisional Magistrate, Tehsil- Alapur, District Ambedkar Nagar dated 22.11.2023 by which the case No. 3378/2022, computerized no. T202104040403378 (Kashi Perasad vs. Banarasi and Ors.) preferred under Section 116 of U.P. Revenue Code, 2006 was dismissed for non prosecution, without moving any recall before the Sub Divisional Magistrate concerned.
At this stage, learned counsel for the petitioner has submitted that he may be permitted to withdraw the present writ petition as dismissed as not pressed and avail the remedy as provided under the law.
As prayed, the present writ petition is dismissed as not pressed with liberty to avail the remedy as provided under the law.
Order Date :- 8.4.2024 Nitesh
Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the writ petition challenging dismissal of a Section 116 U.P. Revenue Code case for non-prosecution, filed without first seeking recall before the SDM, was maintainable?
1 provisions across 1 enactments
Kashi Prasad
Sub Divisional Magistrate Tehsil-Alapur Distt-Ambedkarnagar
Banarasi
Mohan Singh (respondent no. 12)
Manish Kumar
As recorded by the court registry
2 orders share this CNR
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