Dismissed

Ram Bahadur v. State of U.P. Thru. Prin. Secy. (Revenue) Lko. and Others

Allahabad HC19 Jul 2024WRIC/6172/2024

Case brief

AI extract

What is this about?

In a writ petition challenging an order under the U.P. Revenue Code, the High Court held that an alternative statutory remedy of appeal existed. The Court dismissed the petition, finding no merit given the availability of the alternative remedy and the clarity of the appealed order.

What did the court decide?

The writ petition dated 6172 of 2024 stands dismissed as it is devoid of merit.

Ram Bahadur vs State of U.P. Thru. Prin. Secy… — Property and Title | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:48722

¶2

Court No. - 7

¶3

Case :- WRIT - C No. - 6172 of 2024

¶4

Petitioner :- Ram Bahadur

¶5

Respondent :- State Of U.P. Thru. Prin. Secy. (Revenue) Lko. And Others Counsel for Petitioner :- Alok Kirti Mishra,Rupa Singh Counsel for Respondent :- C.S.C.

¶6

Hon'ble Alok Mathur,J.

¶7

Heard Sri Alok Kirti Mishra, learned counsel for the petitioner as well as learned Standing Counsel for respondent nos. 1 and 2.

¶8

In the light of proposed order notice to private respondents is dispensed with.

¶9

By means of present writ petition the petitioner has assailed the order dated 25.06.2024, passed by the Tehsildar, Bighapur, Unnao in proceedings under Section 34 of the U.P. Revenue Code,, 2006.

¶10

At the very outset learned Standing Counsel has submitted that against impugned order petitioner has efficacious alternate remedy of appeal under Section 35(2) of the U.P. Revenue Code, 2006.

¶11

It is noticed that several contentious issues have been raised by the petitioner in the present writ petition with regard to validity of the impugned order.

¶12

In seems that on an application for recall preferred by the private respondents notices have been issued to the petitioner to respond fixing 09.07.2024 as next date of listing. All the issues which have been canvassed by the petitioner can be adequately dealt with by the authority concerned and it is noticed that he has not allowed the recall application preferred by the private respondents, but merely issued notice to the petitioner finding prima facie case having been made out for interference on the application for recall.

¶13

Present writ petition is misconceived inasmuch as it seems that the petitioner is aggrieved with the fact that previous order passed on the sale deed dated 13.12.2011 has been recalled, which is certainly not the case from the bare perusal of the

¶14

impugned order.

¶15

The petitioner has full opportunity to appear before the authority concerned and take all pleas while opposing the prayer for recall of order dated 15.02.2022.

¶16

In the light of above, no ground for interference is made out by the petitioner.

¶17

Accordingly, present writ petition being devoid of merits stands dismissed .

¶18

Order Date :- 19.7.2024 A. Verma

¶19

(Alok Mathur, J.)

¶20

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

Ram Bahadur v. State of U.P. Thru. Prin. Secy. (Revenue) Lko. and Others

Case brief

What is this about?

What did the court decide?

Ram Bahadur v. State of U.P. Thru. Prin. Secy. (Revenue) Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Pushpa Vs State of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Revenue Lko. and Others

Avanish Kumar Tondon and Another Vs State of U.P. Thru. Addl. Chief Secy. Revenue U.P. Lko. and 5 Others

The Oriental Insurance Company Ltd. Lucknow Thru. Senior Divisional Manager Vs Ram Swaroop and Others

Ram Dheeraj vs State of U.P. Thru. Addl. Chief /Prin. Secy., Deptt. of Revenue, Lucknow and Others

Jaswant Kumar (In I.D. Yashavanta Kumar) vs State of U.P. Thru Prin.Secy. Revenue Deptt. Lko and Ors.

The Commissioner Commercial Tax Commercial Tax Bhawan Vs M/S Aristo Pharmaceuticals Pvt. Ltd. Transport Nagar