A writ petition challenging orders under the Revenue Code, 2006 was filed. The Court observed that the impugned orders were appealable under Section 38(4) and granted liberty to the petitioner to avail appellate jurisdiction before disposal.
Liberty granted to petitioner to avail appellate jurisdiction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:85518
Court No. - 19
Case :- WRIT - C No. - 10972 of 2024
Petitioner :- Brijendra Kumar Respondent :- Deputy Collector Lakhimpur Kheri And 6 Others
Counsel for Petitioner :- Akashdeep Shukla,Jai Prakash Yadav Counsel for Respondent :- C.S.C.
Hon'ble Manish Mathur,J.
Heard learned counsel for petitioner and learned State Counsel for opposite parties no. 1 & 2. In view of order being passed, notice to opposite parties no. 3 to 7 stands dispensed with.
Petition has been filed challenging orders dated 14.10.2024 and 27.11.2024 pertaining to proceedings for correction of name under Section 38 (1) of the Revenue Code, 2006.
Mr. Upendra Singh, learned State Counsel at the very outset has raised a preliminary objection regarding maintainability of this petition in view of the fact that orders impugned in the petition are appealable under Section 38 (4) of the Revenue Code, 2006.
In view of aforesaid such submissions of learned State Counsel, liberty is granted to petitioner to avail himself of appellate jurisdiction. In case any such appeal is filed, the same shall be considered and decided on merits expeditiously.
With aforesaid directions, petition stands disposed of.
Order Date :- 19.12.2024 Satish
Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the writ petition filed under Section 38(1) of the Revenue Code, 2006 regarding correction of name is maintainable when the impugned orders are appealable under Section 38(4) of the same Code.
Whether the petitioner is granted liberty to file an appeal.
2 provisions across 1 enactments
Brijendra Kumar
Deputy Collector Lakhimpur Kheri
Manish Mathur
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
