The petitioner approached this court for a writ of Certiorari to quash specific orders and Mandamus for possession relief. The Court held the petition not maintainable due to the availability of a statutory revision remedy.
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:19154
Court No. - 7
Case :- WRIT - C No. - 2056 of 2024
Petitioner :- Pushpa Devi Respondent :- State Of U.P. Thru. Secy. Deptt. Of Revenue U.P. Lko. And 3 Others Counsel for Petitioner :- Santosh Kumar Yadav Counsel for Respondent :- C.S.C.,Mohan Singh
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the petitioner and Sri Hemant Kumar Pandey, learned State counsel.
By means of this petition, the petitioner has prayed for the following main reliefs:-
"I. Issue writ in the nature of Certiorari to quash the Impugned order dated 05.02.2024 (Contained as Annexure No. 1) and the Impugned Chakbandi report dated 27.03.2023 along with Nazari Naksha (contained as annexure no.2), in the interest of justice.
II. Issue writ, order or direction in the nature of Mandamus commanding and directing the opposite parties to not to disturb in the peaceful possession of the Petitioner, in the interest of justice."
Learned State counsel at the outset says that challenging the order impugned dated 05.02.2024, the present petition is not maintainable in view of statutory remedy of revision available to the petitioner under the law.
Taking note of aforesaid, this Court is not inclined to entertain this petition. It is accordingly disposed of with liberty to the petitioner to avail the remedy available to him as per law, if he is aggrieved by the order impugned dated 05.02.2024. In case, the petitioner files the revision against the order impugned within a period of three weeks from today, the authority concerned is expected of to consider and decide the same strictly as per law expeditiously on merits after affording proper opportunity of hearing to the concerned parties.
Order Date :- 1.3.2024 Arun/-
Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench
Pushpa Devi
State Of U.P. Thru. Secy. Deptt. Of Revenue U.P.
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
