Court No. - 18
Case :- WRIT - C No. - 36063 of 2018 Petitioner :- Jagdish And 6 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Tripurari Pal Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri Tripurari Pal, learned counsel for the petitioners, Sri Manoj Kumar Yadav appears for the Gaon Sabha/fourth respondent and Sri Rajesh Srivastava, learned Standing Counsel for the State-respondent.
At the very outset, Sri Rajesh Srivastava and Sri Manoj Kumar Yadav raised a preliminary objection regarding maintainability of the writ petition on the ground that the proceeding under Section 134 of the U.P.Revenue Code, 2006 has been finalised against which the petitioner has got statutory alternative forum i.e. First Appeal under Section 207 of the U.P.Revenue Code 2006.
Once the objection is being raised, there is no reason or occasion to bypass the statutory forum and it is always open to the petitioner to move a First Appeal as per the provisions contained. In case, any such appeal along with stay application is preferred by the petitioner within two weeks from today, the first appellate court would proceed to decide the stay application, in accordance with law, as expeditiously as possible and preferably within three months from the date of production of certified copy of the order but certainly after giving opportunity to all the stakeholders.
With the aforesaid, the writ petition stands
disposed of.
Order Date :- 30.10.2018 A.K.Srivastava