Court No. - 9
Case :- WRIT - C No. - 14402 of 2019 Petitioner :- Ram Dhani And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajit Pratap Kushwaha Counsel for Respondent :- C.S.C.,Ram Babu Yadav
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioners and Shri Ram Babu Yadav for the respondent no.4, Gaon Sabha.
By means of this writ petition, the petitioners have challenged a notice under Rule 67(2) and 67(5) of the U.P. Revenue Code, 2006, which has been issued to them.
An order dated 30.07.2004 passed by the Sub Divisional Magistrate in a case under Section 33/39 of the U.P. Land Revenue Act on 30.07.2004 is also under challenge.
In so far as challenge to the notice dated 25.09.2018 is concerned, the same is not tenable. The petitioner may reply to the notice and contest the proceedings, if any, that may be drawn on its basis.
In so far as challenge to the order of the Sub Divisional Magistrate on 30.07.2004 is concerned, against the said order, the petitioners have statutory alternative remedies of an appeal under Section 210 followed by a revision under Section 219 of the Act. These remedies were never availed by the petitioners.
Under the circumstances, and 15 years after the order had been passed, there is no justification for entertaining the writ petition.
In view of the foregoing, the writ petition is without merit and is dismissed.
Order Date :- 26.4.2019 RKM