Court No. - 18
Case :- WRIT - C No. - 14975 of 2018 Petitioner :- Mewa Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Kumar Singh,Shri Prakash Dwivedi Counsel for Respondent :- C.S.C.,Ram Babu Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Anand Kumar Singh, learned counsel for the petitioner; Shri Anurag Srivastava, learned Standing Counsel for the respondent nos.1 to 3 and Shri Ram Babu Yadav, learned counsel for the respondent no.4.
The petitioner is before this Court assailing the order dated 6.12.2017 passed by the third respondent, Assistant Collector (Ist Class)/Tehsildar, Tehsil Sadar, District Bhadohi as well as the validity of the notice dated 15.11.2017 and for direction restraining the respondents from interfering in his peaceful possession over Arazi No.328 situated at Village Chandi Gahna, Pargana, District Bhadohi.
Shri Anurag Srivastava, learned Standing Counsel as well as Shri Ram Babu Yadav, appearing for the respondents have raised preliminary objection regarding maintainability of the present writ petition on the ground that the petitioner has got efficacious alternative remedy to file an appeal under Section 67 (5) of U.P. Revenue Code, 2006. The request has been made that once the petitioner has got efficacious alternative of filing the appeal, then the writ petition is liable to be dismissed on the ground of alternative remedy.
The Court has proceeded to examine the record in question and finds that against the impugned order once efficacious alternative remedy is available to the petitioner, then there is no reason or occasion to intervene in the matter.
In this backdrop, learned counsel for the petitioner states that the petitioner is recorded tenure holder and once the petitioner has been relegated to the appropriate forum, then in such situation till disposal of the interim application, the petitioner is liable to be protected.
In view of above, the writ petition is disposed of with observation that if the petitioner files an appeal alongwith stay application against the impugned order within 15 days' from today, the Court hopes and trusts that the Appellate Authority will decide the stay application within next three months. Till disposal of the stay application in question, the status qua as on today shall be maintained by the parties.
Order Date :- 25.4.2018 RKP