Writ petition challenging a Gaon Sabha appellate order over land possession was objected to as non-maintainable in view of the amended Section 24(4) of the U.P. Revenue Code, 2006; petitioner sought withdrawal with liberty to file revision before the Board of Revenue, which was granted.
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Neutral Citation No. - 2024:AHC-LKO:69353
Court No. - 19
Case :- WRIT - C No. - 8626 of 2024
Petitioner :- Ajay Kumar Respondent :- Addl. Commissioner (Administration), Ayodhya Mandal, Ayodhya And Others Counsel for Petitioner :- Shobh Nath Pandey
Counsel for Respondent :- C.S.C.,Ganga Prasad Mishra,Mohan Singh
Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Shobh Nath Pandey, learned counsel for the petitioner, Sri Mohan Singh, learned counsel for the opposite party no.10, Ganga Prasad Mishra, learned counsel for respondent nos. 2 and 9 and Sri Arya Shrestha Tiwari, learned Standing Counsel for the State-respondent.
2. The instant writ petition has been filed praying for the following relief:
"(i) Issue a writ, order or direction in the nature of CERTIORARI thereby quashing the impugned order dated 03.08.2024, passed by Opposite Party No.1, as contained in Annexure No. 1 to this writ petition.
(ii) Issue a writ, order or direction in the nature of MANDAMUS thereby commanding and directing the Opposite Parties not to interfere in the peaceful possession of petitioner over the land in question.
(iii) Issue such other suitable writ, order or direction as the Hon'ble Court may deem just and proper;"
3. A preliminary objection has been raised by learned counsel for the Gaon Sabha, that against the appellate impugned order dated 03.08.2024, the writ is not maintainable in view of the amendment in Section 24(4) of the Uttar Pradesh Revenue Code, 2006. Against the said order, the revision is required to be filed before the Board of Revenue.
4. In view of the objections, learned counsel for the petitioner seeks to withdraw the instant writ petition with liberty to file appropriate proceedings before the appropriate forum.
5. In view thereof, the writ petition is dismissed as withdrawn with liberty as prayed.
Order Date :- 15.10.2024 Shubham Arya
(Anish Kumar Gupta, J.)
Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the writ petition against the appellate order dated 03.08.2024 is maintainable given the amendment to Section 24(4) of the Uttar Pradesh Revenue Code, 2006 requiring revision before the Board
1 provisions across 1 enactments
Ajay Kumar
Addl. Commissioner (Administration), Ayodhya Mandal, Ayodhya
Others
Anish Kumar Gupta
As recorded by the court registry
2 orders share this CNR
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