Hadeeshul Nisha v. State of U.P. Thru. Prin. Secy. Revenue Deptt., Lucknow and Others
Case brief
What is this about?
Allahabad High Court, Lucknow Bench; WRIT - C No. 6617 of 2024; decided 2.8.2024 by Hon'ble Jaspreet Singh, J. Petitioner: Hadeeshul Nisha (Counsel: S.K. Tripathi); Respondents: State of U.P. through Principal Secretary, Revenue Department, Lucknow and others (C.S.C. for respondent Nos. 1-3; Mohan Singh for respondent No.4). Impugned order: dated 10.06.2024, by respondent No.3 in a suit under Section 144 of the U.P. Revenue Code, 2006, deciding preliminary issue No.2 against the petitioner. Held: writ petition not entertained in view of the alternate statutory remedy, relying on Radha Krishna Industries v. State of H.P. (2021) 6 SCC 771; petitioner left open to pursue statutory remedies, to be considered by the authority; merits, including the plea that the private respondent's suit was barred by Section 7 of the Family Courts Act, 1984, not examined. Petition dismissed. Keywords: alternate remedy; maintainability; writ jurisdiction; Section 144 U.P. Revenue Code 2006; Section 7 Family Courts Act 1984; preliminary issue.