Court No. - 18
Case :- WRIT - C No. - 15009 of 2018 Petitioner :- Mohammad Khalil Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ram Asrey Yadav,Ram Kirti Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Anurag Srivastava, learned Standing counsel.
The petitioner is before this Court assailing the order dated 26.3.2018 passed by Asstt. Collector Ist/ Addl. City Magistrate Ist Varanasi as well as proceeding of demarcation and fixation of boundary over Arazi No.48 area 0.086 hect. Mauja Chhitauni, Pargana Kaswar Raja, Tehsil and Distt. Varanasi dated 22.5.2017 in pursuance of order dated 10.04.2017 passed by Up Ziladhikari, Sadar, Varanasi under Section 24 of U.P. Revenue Code.
At the very outset, Shri Anurag Srivastava, learned Standing Counsel raised an objection that the aforesaid dispute relates to demarcation and fixation of boundary and against the order impugned the petitioner has efficacious alternative remedy to assail the validity of the order passed by the SDM before the Commissioner within 30 days as per the provisions contained under Section 24 (4) of U.P. Revenue Code, 2006.
The Court has proceeded to examine the record in question and find that admittedly the order had been passed in summary proceeding by summary enquiry by the SDM and against the order impugned the petitioner has got efficacious alternative remedy to file appeal before the Commissioner. Once efficacious alternative remedy is available to the petitioner, there is no reason or occasion to bypass the statutory forum.
Consequently, the writ petition is dismissed on the ground of alternative remedy. However, in the interest of justice, in case the petitioner files the appeal within ten days from today, the same would be entertained and decided ignoring delay and laches by the appellate authority expeditiously.
Order Date :- 25.4.2018 SP/