Shailendra Kumar vs State of U.P. Thru. Addl. Chief Secy., Ministry of Revenue, Lucknow and Others

Neutral Citation No. - 2024:AHC-LKO:56427

Court No. - 7

Case :- WRIT - C No. - 7033 of 2024

Petitioner :- Shailendra Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy., Ministry Of Revenue, Lucknow And Others Counsel for Petitioner :- Santosh Kumar Dayal Counsel for Respondent :- C.S.C.

¶5

Hon'ble Alok Mathur,J.

¶6

Heard Sri S. K. Dayal, learned counsel for the petitioner and the Standing counsel for respondent No.s 1 and 2.

¶7

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

¶8

Petitioner has challenged order dated 31.7.2024 passed by Sub Divisional Magistrate, Mohanlalganj, Lucknow in exercise of the powers under Section 116 of Uttar Pradesh Revenue Code, 2006 ('Code of 2006' in short).

¶9

Learned Standing counsel has raised a preliminary objection that the petitioner has equally efficacious remedy of appeal under Section 209 of the Code of 2006.

¶10

Learned counsel for the petitioner submits that apart from the order being illegal there is urgency in the matter, as such, the present writ petition is maintainable. However, he does not dispute the fact that the petitioner has efficacious remedy of appeal under Section 209 of the Code of 2006.

¶11

After haring learned counsel for the parties, this Court is of the considered view that the petitioner has efficacious remedy of appeal. Accordingly, the present petition is relegated to the remedy of appeal.

¶12

It is provided that in case appeal is filed within next two weeks along with an application for interim relief, the appellate authority shall consider and decide the application for interim relief with expedition.

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In light of the above, the petition stands disposed of.

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(Alok Mathur, J.)

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Order Date :- 20.8.2024 RKM.

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

Shailendra Kumar v. State of U.P. Thru. Addl. Chief Secy., Ministry of Revenue, Lucknow and Others

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Shailendra Kumar v. State of U.P. Thru. Addl. Chief Secy., Ministry of Revenue, Lucknow and Others

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