Court No. - 18
Case :- WRIT - C No. - 15163 of 2018 Petitioner :- Hub Lal Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ishwar Chandra Pandey Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Rajesh Srivastava, learned counsel for the State respondents.
Petitioner is before this Court assailing the validity of order dated 14.03.2018 passed by the second respondent/Additional Commissioner (Administration) Vindhyachal Division, Mirzapur in restoration application filed in Appeal no.67/82/174/121/132 of 1983 under Section 331 of U.P.Z.A.&L.R. Act, 1950, and order dated 25.05.1983 passed by third respondent in Suit no.121/1982 (Asha Ram vs. Ram Karan and others) under Section 229-B of U.P.Z.A.&L.R. Act, 1950.
Learned Standing Counsel states that the aforesaid orders can be assailed in appeal before the Board of revenue as has been provided under item no.34 of Schedule II of Section 331 U.P.Z.A.&L.R. Act, 1950 and as such, this Court should not at all interfere in the matter.
Once such is the factual situation that against the orders impugned, the petitioner has got efficacious alternate remedy of filing second appeal as provided under item no.34 of Schedule II of Section 331 U.P.Z.A.&L.R. Act, 1950 before the Board of Revenue and instead of availing the same, the petitioner has approached to this Court with the aforementioned prayer and as such, no relief can be accorded to the petitioner.
Accordingly, the writ petition is dismissed on the ground of alternate remedy.
Order Date :- 26.4.2018 A. Pandey