Dismissed

Rameshvar Singh and Others v. State of U.P. Thru. Addl. Chief / Prin. Secy., Revenue Deptt. , Lucknow and Others

Allahabad HC16 Oct 2024A227/4809/2024

Case brief

AI extract

What is this about?

In a matter under Article 227, the Allahabad High Court dismissed a petition seeking quashing of an order recalling interim relief. The Court held the petition was not maintainable as the petitioners had an alternate statutory remedy of filing an appeal.

What did the court decide?

The petition seeking quashing of the recall order was dismissed without entertaining the merits due to the availability of an appeal.

Rameshvar Singh and Others vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:70561

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 4809 of 2024

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Petitioner :- Rameshvar Singh And Others Respondent :- State Of U.P. Thru. Addl. Chief / Prin. Secy., Revenue Deptt. , Lucknow And Others Counsel for Petitioner :- Amrendra Nath Tripathi Counsel for Respondent :- C.S.C.,Anurag Kumar Singh,Dilip Kumar Pandey,Rajesh Kumar Srivastava

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioners, Sri Rajesh Kumar Srivastava learned counsel for the opposite party no.9, Sri Dilip Kumar learned counsel for the respondent no.3 and Sri Pushpendra Kumar Singh holding brief of Sri Anurag Kumar Singh learned counsel for the respondent no.6 as well as learned Standing counsel for the State respondents.

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At the outset, an objection has been raised by the learned Standing counsel as well as learned counsel for the private respondents that the instant petition is not maintainable, in as much as, the instant petition seeks to assail an order passed by the S.D.O in the proceedings under Section 144 of the U.P. Revenue Code, 2006 whereby the interim order granted in the suit has been recalled and set aside.

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It is urged that the order is in the nature of an order passed under Order 39 Rule 4 and since the provisions of the Code of Civil Procedure are applicable to the proceedings under Section 144 of the U.P. Revenue Code, 2006, hence, the instant petition is not maintainable and the petitioners have an alternate statutory remedy of filing an appeal.

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Learned counsel for the petitioners though refuted the aforesaid submissions, however, could not dispute the fact that the petitioners have an alternate statutory remedy.

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Be that as it may, since the petitioners have a remedy of filing an appeal, accordingly, this Court is not inclined to entertain the petition which is dismissed leaving it open for the petitioners to avail their right of filing an appeal.

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It is made clear that the Court has dismissed the petition solely on the ground of availability of statutory remedy and not examined the case of the parties on merit.

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Learned counsel for the petitioners submits that they shall file an appeal before the appellate authority within next four days and in case, if the same is done, then it is expected that the appellate authority shall consider and pass appropriate orders in accordance with law.

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Order Date :- 21.10.2024 Harshita

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Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench

Rameshvar Singh and Others v. State of U.P. Thru. Addl. Chief / Prin. Secy., Revenue Deptt. , Lucknow and Others

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Rameshvar Singh and Others v. State of U.P. Thru. Addl. Chief / Prin. Secy., Revenue Deptt. , Lucknow and Others

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