Pravesh Kumar and 2 Others vs State of U.P. and 4 Others — Allahabad HC (2026) — LawSathi Research

Pravesh Kumar and 2 Others vs State of U.P. and 4 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to file an appeal within a week; any appeal so filed to be considered and decided within eight weeks after hearing all concerned parties; parties to maintain status quo till disposal of the appeal; interim protection to stand automatically vacated if the petitioner seeks undue adjournments.

Issue for consideration

Whether the writ court should entertain the petition challenging the order of the Assistant Collector Ist Class/Tehsildar, Jalesar, District Etah despite the availability of the alternative remedy of appeal under Section 67(5) of the U.P. Revenue Code, 2006.

Court's answer

The Court declined to interfere with the impugned order because the petitioner has an alternative remedy of filing an appeal.

Ratio / Principle

The writ petition stands disposed of with liberty to the petitioner to file an appeal within a week; any such appeal shall be considered and decided within eight weeks thereafter after providing opportunity of hearing to all concerned parties, provided there is no other legal impediment.

Key takeaways

Till disposal of the appeal filed by the petitioner, the parties are directed to maintain status quo.ratio¶14
The petitioner shall co-operate in the disposal of the appeal and shall not seek undue adjournments; if any such effort is made by the petitioner, the interim protection granted by the Court shall automatically stand vacated.ratio¶15

Detailed headnote1 paragraphs

WRIT - C No. 14687 of 2026 (Allahabad High Court, Manish Kumar Nigam, J., decided May 5, 2026): Writ petition challenging order dated 30.3.2026 of the Assistant Collector Ist Class/Tehsildar, Jalesar, District Etah. On the preliminary objection that the order is appealable under Section 67(5) of the U.P. Revenue Code, 2006, the Court declined to interfere on the ground of alternative remedy and disposed of the petition with liberty to file an appeal within a week, directing that such appeal be decided within eight weeks after hearing all concerned parties, subject to no other legal impediment. Parties were directed to maintain status quo till disposal of the appeal, and the interim protection was made liable to automatic vacation if the petitioner sought undue adjournments. Allegation that the Tehsildar and a Revenue Inspector dug land adjacent to the petitioner's house during the limitation period was noted but did not alter the course adopted.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 14687 of 2026

Pravesh Kumar And 2 Others

		Versus	.....Petitioner(s)
State Of U.P. And 4 Others			.....Respondent(s)
Counsel for Petitioner(s) Counsel for Respondent(s)	: :	Sheetendra Advocate C.S.C., Krish	Kumar Mishra, Sr. na Kant Singh
Court No.- 36

HON'BLE MANISH KUMAR NIGAM, J.

Heard learned counsel for the parties and perused the record.

This writ petition has been filed challenging the order dated 30.3.2026 passed by the Assistant Collector Ist Class/Tehsildar, Jalesar, District Etah.

A preliminary objection has been raised by learned Standing Counsel that the order is appealable under Section 67(5) of the U.P. Revenue Code, 2006.

Learned counsel for the petitioner submitted that after the order impugned passed on 6.4.2026, the Tehsildar Shri Sandeep Singh and other Revenue Inspector has dug the land adjacent to the petitioner's house though period of limitation for filing an appeal has not been expired.

Since the petitioner has an alternative remedy of filing an appeal, I am not inclined to interfere with the matter.

In view of the above, this writ petition stands disposed of with liberty to the petitioner to file an appeal within a week. In case an appeal is filed by the petitioner, the same shall be considered and decided within eight weeks thereafter after providing opportunity of hearing to all the concerned parties provided there is no other legal impediment.

WRIC No. 14687 of 2026

2

Till disposal of the appeal filed by the petitioner, parties are directed to maintain status quo.

It is further provided that petitioner shall co-operate in disposal of the aforesaid appeal and will not seek any undue adjournments to linger on the proceedings and in case any effort is being made by the petitioner, the interim protection granted by this Court shall automatically be vacated.

May 5, 2026

Rishabh

(Manish Kumar Nigam,J.)

Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad