Kashi Prasad vs Sub Divisional Magistrate Tehsil- Alapur Distt- Ambedkarnagar and 11 Others

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

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Counsel for Respondent :- C.S.C.,Mohan Singh

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri Mohan Singh, learned counsel for the respondent no. 12.

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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.

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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.

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As prayed, the present writ petition is dismissed as not pressed with liberty to avail the remedy as provided under the law.

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Order Date :- 8.4.2024 Nitesh

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Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench

Kashi Prasad v. Sub Divisional Magistrate Tehsil- Alapur Distt- Ambedkarnagar and 11 Others

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Kashi Prasad v. Sub Divisional Magistrate Tehsil- Alapur Distt- Ambedkarnagar and 11 Others

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