Hon'ble Dinesh Kumar Singh,J.
Heard.
Notice on behalf of opposite party Nos.1 and 2 has been accepted by the learned Chief Standing Counsel, whereas Mr. Dilip Kumar Pandey, Advocate has accepted notice on behalf of opposite party No.3. The writ petition has been filed seeking following reliefs:-
?(i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 5.4.2021 as contained in Annexure no.1 to this writ petition in the interest of justice.
(ii) issue a writ, order or direction in the nature of mandamus commanding the opposite parties concerned to grant the lease of the land in question bearing gata no.385 kha situated in village Panchayat Tedwa, Chilaula, pargana Khairabad, Teh.&Distt. Lucknow in favour of the petitioner.
(iii) issue any other writ, order or direction which is deemed just, fit and proper be passed in favour of the petitioner.
(iv) allow the writ petition with costs."
Learned Standing Counsel points out that so far as the rights claimed by the petitioner over the trees in question, the same are to be decided under Sections 56, 57 and 58 of the U.P. Revenue Code, 2006. The petitioner may file an appeal before the Commissioner as the order impugned has been passed under Section 56 of U.P. Revenue Code, 2006. Learned Counsel for the petitioner has not been able to show any reason as to why he cannot be relegated to file an appeal before the Commissioner. The writ petition as such is dismissed with the observation that the petitioner may avail the statutory remedy under Section 56 (2) of U.P. Revenue Code, 2006 by filing an appeal before the Commissioner against the impugned order. .
[Dinesh Kumar Singh, J.] [Ritu Raj Awasthi, J.] Order Date :- 27.8.2021 lakshman