Pyare Lal and Another v. State of U.P. Thru. Addl. Chief Secy. Deptt. Revenue, Lko. and 20 Others
Case brief
What is this about?
Alternative remedy / maintainability: writ against SDM (Tehsil Biswan, Dist. Sitapur) order dt. 12.3.2026 in Case No.7763 of 2024 under S.38(2) U.P. Revenue Code 2006 disposed of without touching merits in view of statutory appeal under S.38(4) U.P. Revenue Code 2006 before the Commissioner; liberty to file within 10 days; Commissioner to entertain on merits and decide per Rule 183(4) U.P. Revenue Code Rules 2016; interim relief application to be decided within 4 weeks subject to petitioners' cooperation; petitioners' grievance of denial of hearing and reliance on extraneous material (written arguments of Ram Aadhar) left unadjudicated. WRIT - C No. 3385 of 2026, decided April 13, 2026, Syed Qamar Hasan Rizvi, J.
What did the court decide?
Liberty to the petitioners to file an appeal under Section 38(4) of the U.P. Revenue Code, 2006 before the Commissioner concerned within ten days; the Commissioner to entertain the appeal on merits and endeavour to decide it within the period under Rule 183(4) of the U.P. Revenue Code Rules, 2016; any interim relief application filed with the appeal to be considered and decided in accordance with law within a maximum of four weeks, subject to the petitioners' cooperation.