Ashivni Kumar Sharma Vs State of U.P. Thru. Addl. Chief… — Property and Title | Allahabad HC (2025)

Ashivni Kumar Sharma Vs State of U.P. Thru. Addl. Chief… — Property and Title | Allahabad HC (2025)

What the court decided

AI extract

Outcome

No relief by way of quashing granted; petitioner given liberty to avail the statutory remedy of appeal under U.P. Revenue Code, 2006 against the final order dated 25.07.2018. Certified copies of the impugned order(s)/documents filed with the application were directed to be returned to the petitioner's counsel, retaining a photocopy on record.

Issue for consideration

Whether the writ petition seeking quashing of the impugned orders dated 25.07.2018, 14.12.2020 and 03.03.2025 should be entertained by this Court when the remedy of appeal against the final order dated 25.07.2018 is available in the Statute itself (U.P. Revenue Code, 2006).

Court's answer

Since the remedy of appeal against the final order dated 25.07.2018 was available to the petitioner in the Statute itself (U.P. Revenue Code, 2006), this Court was not inclined to entertain the present petition and dismissed it without interfering in the impugned orders dated 25.07.2018 and 14.12.2020, granting the petitioner liberty to avail the remedy as available under law.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 7), Saurabh Lavania, J. — WRIT - C No. 4022 of 2025, decided 1.5.2025 [Neutral Citation 2025:AHC-LKO:25069]. The petition sought certiorari quashing of (i) orders dated 25.07.2018 and 14.12.2020 of the Assistant Collector/Up-Ziladhikari, Tehsil-Bhinga, District-Shrawasti in Case No.04873/2018 (Satya narain Versus Ashivni Kumar and others) under Section 116 U.P. Revenue Code, 2006, and (ii) order dated 03.03.2025 of the Commissioner, Devi Patan Mandal, Gonda in Case No.835 of 2020 (Ashwani Kumar Versus Satya Narain and others) under Section 333 U.P. Z.A. & L.R. Act, 1950. Holding: as the remedy of appeal against the final order dated 25.07.2018 was available in the Statute itself (U.P. Revenue Code, 2006), the Court declined to entertain the petition and dismissed it without interfering in the impugned orders, with liberty to the petitioner to avail the statutory remedy; certified copies submitted were ordered returned to counsel.

Neutral Citation No. - 2025:AHC-LKO:25069

Court No. - 7

Case :- WRIT - C No. - 4022 of 2025

Petitioner :- Ashivni Kumar Sharma

Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt., Lko. And Others Counsel for Petitioner :- Shiv Pal Singh,Ambrish Kumar Counsel for Respondent :- C.S.C.,Dwijendra Prasad Gupta,Madan Gopal Misra,Pankaj Gupta

Hon'ble Saurabh Lavania,J.

Supplementary affidavit and counter affidavit filed today are taken on record.

Heard learned counsel for the petitioner, learned State Counsel, Shri D.P. Gupta, learned counsel for opposite party no.4 and perused the material available on record.

3. The present petition has been filed for the following main relief:-

" [I] Issue a writ, order or direction in the nature of certiorari thereby quashing of impugned orders dated 25.07.2018 and order dated 14.12.2020 passed by opposite party No.3 i.e. Assistant Collector/Up-Ziladhikari, Tehsil-Bhinga, District- Shrawasti in Case No.04873/2018, Computerized Case No.T-2018008620104873 (Satya narain Versus Ashivni Kumar and others), Under Section -116 of U.P. Revenue Code, 2006 and impugned order dated 03.03.2025 passed by opposite party No.2 i.e. Commissioner, Devi Patan Mandal, Gonda in Case No.835 of 2020, Computerized Case no.C202008000000835 (Ashwani Kumar Versus Satya Narain and others) Under Section-333 of U.P. Z.A. & L.R. Act, 1950, as contained in Annexure No.1, 2 & 3 respectively to this writ petition."

Against the final order dated 25.07.2018, the remedy of appeal was/is available to the petitioner in the Statute itself, i.e. U.P. Revenue Code, 2006 (in short 'Code 2006'). Accordingly, this Court is not inclined to entertain the present petition and the same is dismissed without interfering in the impugned order(s) dated 25.07.2018 and 14.12.2020 with liberty to the petitioner to avail the remedy as available under law.

The certified copy of the impugned order(s) or any other certified document filed along with the application shall be returned to the learned Counsel for the petitioner by retaining a photocopy of the same on record.

Order Date :- 1.5.2025 Anand/-

Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench