Court No. - 6
Case :- WRIT - C No. - 34509 of 2021 Petitioner :- Keshav Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Lallu Singh,Satya Sinha Counsel for Respondent :- C.S.C.,Hari Narayan Singh
Hon'ble Rajiv Joshi,J.
Heard Mrs. Satya Sinha, learned counsel for the petitioner, learned standing counsel for the State-respondent nos.1 to 4 and Shri Hari Narayan Singh on behalf of the respondent no.5-Land Management Committee and perused the record.
The present writ petition, under Article 226 of the Constitution, has been filed for quashing the order dated 31.12.2018 passed by the respondent no.4-Tehsildar, Tehsil Maitha, District Kanpur Dehat in Suit No.00684 of 2018 (Gaon Sabha Vs. Keshav) in a proceeding under Section 67 of the U.P. Revenue Code, 2006.
Learned standing counsel as well as the counsel for the Gaon Sabha has raised a preliminary objection to the effect that against the impugned order appeal shall lie under Section 67 (5) of the U.P. Revenue Code, 2006 before the Collector and the writ petition against the said order is not maintainable.
Learned counsel for the petitioner has accepted the said position and submits that he will challenge the order impugned by way of an appeal before the Collector under Section 67 (5) of the U.P. Revenue Code, 2006.
Under these circumstances, the writ petition is accordingly dismissed on the ground of alternative remedy available to the petitioner to file an appeal under Section 67 (5) of the U.P. Revenue Code, 2006 before the Collector.
If the appeal is filed alongwith the application for condonation of delay, then the application of the petitioner shall be considered sympathetically.
Order Date :- 23.12.2021 Zafar