Court No. - 30
Case :- WRIT - C No. - 35528 of 2018 Petitioner :- Matsya Jivi Sahkari Samiti Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Urmila Shukla,Akhilesh Kumar Counsel for Respondent :- C.S.C.,Rajesh Yadav
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as Sri Om Prakash Sharma, learned Additional Chief Standing Counsel appearing for the respondents no. 1, 2, 3 and 4 and Sri Rajesh Kumar Yadav, learned counsel appearing for the respondent no. 6.
Present writ petition has been filed seeking quashing of the order dated 6.4.2018 passed by the Sub-Divisional Magistrate, Tehsil Uun, district Shamli filed as Annexure-3 to the writ petition. A further prayer in the nature of mandamus restraining the private respondent no. 6 not to carry out any activity over the pond in question having Khasra NO. 74, 75m 88 and 89, total area 2.513 Hectare.
Admittedly, on the report of the Tehsildar dated 6.4.2018 approval has been granted by the respondent no. 3, the Sub-Divisional Magistrate, Tehsil Uun, district Shamli on the same day on 6.4.2018. This is also reflected from the Question - Answer annexed with the writ petition.
In such view of the matter, the petitioner has an alternative remedy by way of filing appeal under Rule 59 of the U.P. Revenue Code Rules, 2016. As such, I am not inclined to entertain this writ petition.
This writ petition is, accordingly, dismissed on the ground of alternative remedy.
At this stage, learned counsel for the petitioner states that the appeal may have become time barred.
Under such circumstances, it is provided that in case appeal is filed within 15 days from today alongwith a certified copy of this order, the same shall be entertained by the appellate authority without raising any objection with regard to delay.
No costs.
Order Date :- 26.10.2018 p.s.