Shailendra Kumar v. State of U.P. Thru. Addl. Chief Secy., Ministry of Revenue, Lucknow and Others
Case brief
What is this about?
Allahabad High Court, Lucknow Bench — WRIT - C No. 7033 of 2024, decided 20.8.2024 by Alok Mathur, J. (Neutral Citation 2024:AHC-LKO:56427). Shailendra Kumar challenged an order dated 31.7.2024 of the Sub Divisional Magistrate, Mohanlalganj, Lucknow passed under Section 116 of the Uttar Pradesh Revenue Code, 2006. On the preliminary objection that an equally efficacious remedy of appeal existed under Section 209 of the Code of 2006 — which petitioner's counsel did not dispute — the Court declined to entertain the writ petition, relegated the petitioner to the appeal remedy, and directed that if the appeal is filed within two weeks with an interim relief application, the appellate authority shall decide it expeditiously. Petition disposed of. Keywords: alternative remedy, Section 209 UP Revenue Code, relegation to appeal, interim relief.
What did the court decide?
Writ petition disposed of; petitioner relegated to the remedy of appeal under Section 209 of the Code of 2006, with liberty to file the appeal within two weeks along with an application for interim relief, which the appellate authority is to consider and decide with expedition.