Court No. - 6
Case :- WRIT - C No. - 33788 of 2021 Petitioner :- Rajesh Kumar And 2 Others Respondent :- Sraj Pal And 2 Others Counsel for Petitioner :- Arvind Kumar Trivedi Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri Arvind Kumar Trivedi, learned counsel for the petitioners, learned Standing counsel for the State and perused the record.
The present writ petition under Article 226 of the Constitution has been filed for the following reliefs:-
"A. Issue an order or direction quashing/setting aside the impugned order dated 13.9.2021 passed by the Respondent No.3, whereby the case No. 00786 of 2019 (Computer Serial No. T201902250100786), Rajesh Kumar & 2 Ors Vs. Mahesh Kumar and 2 Ors, filed by the Petitioners has been rejected by him (Annexed as Annexure No.1 to the misc. petition).
B. Issue an order or direction commanding and directing the Respondent No.3 to cancel/ to pass the order to the concerned officer to cancel the wrong entries of the names of Respondents No. 1 and 2 from the owners of the land measuring 0.1900 Hectare i.e. 1.3.10Bigha, which was a part of the total Land i.e. Land No. 901 Rakba 1.140 hectare Mauja- Kaunder, Tehsil and District- Fatehpur, within stipulated time as may be fixed by this Hon'ble Court."
It reflects from the record that the impugned order has been passed by the Sub-Divisional Magistrate, Sadar, Fatehpur on 13.9.2021 in a proceeding under Section 38 of U.P. Revenue Code, 2006. The Section 38 (4) provides that the appeal against such order shall lie before the Commissioner concerned and as such, the writ petition is not maintainable on the ground of alternative remedy available by way of filing an appeal under Section 38 (4) of U.P. Revenue Code, 2006.
The writ petition is dismissed on the ground of alternative remedy.
Order Date :- 20.12.2021 Akbar