Court No. - 42
Case :- WRIT - C No. - 10311 of 2021 Petitioner :- Murari Lal Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Akash Khare,Hari Om Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents and perused the record.
Present petition has been filed with following prayer:-
"(i) To issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 19.11.2020 passed by the respondent no. 4 (Annexure No. 7 to the writ petition);
(ii) To issue a writ, order or direction in the nature of mandamus directing the concerned respondents to take immediate steps to carve out the pathway from the main pathway of the village to the plot nos. 173 area 0.1290 hectare and plot no. 175 Min. area 0.610 hectare situated in Village Chauktha Tiwariyan, Khairagarh, Tehsil Meja, District Prayagraj of the petitioner for egress and ingress to his residential accommodation and garden as well as to use Tractor, Bullock Cart and Vehicles for agricultural purposes; and/ or alternatively direct the concerned respondents to comply the order dated 10.6.2015 passed by the respondent no. 3 (Annexure '3' to the writ petition);"
It is not in dispute that pursuant to the order of this Court dated 19.6.2020 passed in Writ- C No. 9958 of 2020 (Murari Lal vs. State of UP And 6 Others), the Tehsildar has decided the proceedings in exercise of power under Section 25/ 26 of the U.P. Revenue Code, 2016. The petitioner has statutory remedy available under Section 27 by way of filing a revision before the Sub- Divisional Officer.
Accordingly, present petition stands dismissed on the ground of availability of statutory remedy.
It is further provided that in case, the revision is filed within a period of 15 days from today, the same shall be entertained by the authority concerned without raising any objection regarding limitation.
With the aforesaid observation/ direction, present petition stands dismissed.
Order Date :- 28.7.2021/Aditya