Court No. - 18
Case :- WRIT - C No. - 20643 of 2018 Petitioner :- Mustaqueem Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ram Bahadur Singh Counsel for Respondent :- C.S.C.,Mahesh Narain Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner; Shri Anurag Srivastava, learned Standing Counsel for the State respondents and Shri Mahesh Narain Singh, learned counsel for the respondent no.4.
The petitioner is before this Court assailing the order dated 26.03.2018 passed by the third respondent in Case no.T2016112816019387 (Land Management Committee vs. Mustaqueem) under Section 67 of U.P. Land Revenue Code, 2006.
Shri Anurag Srivastava, learned Standing Counsel as well as Shri Mahesh Narain Singh, appearing for the respondents have raised pireliminary 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 in case the petitioner has been relegated to the appropriate forum, then in such situation till disposal of the interim application, the interest of 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, no coercive action be taken against the petitioner for realization of the amount towards the damages.
Order Date :- 31.5.2018 A. Pandey