Court No. - 9
Case :- WRIT - C No. - 14095 of 2019 Petitioner :- Ramasharey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sheetala Prasad Pandey,Mohan Lal Pandey Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned standing counsel for the State respondents.
The writ petition has been filed seeking a following relief:
"Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 16.5.2018, passed by the Sub-Divisional Officer, Badlapur, Jaunpur, in Suit No. T201814360201637 (Ram Sumer Vs. Ramasharey and others), under Section 116 of the U.P. Revenue Code, 2006, during the pendency of the present writ petition."
The petitioner is aggrieved by an interim order in the suit for partition under Section 116 of the U.P. Revenue Code, 2006, filed by the contesting respondent.
In my considered opinion, against the grant of an ex-parte interim order, the petitioner should approach the Court concerned with an application for vacation of the interim order in case the same has wrongly been granted. He should also file his written statement raising all such pleas as may be available to him.
In my considered opinion the writ petition at this stage and against an ex-parte interim order is not maintainable as the petitioner has statutory alternative remedies available, for redressal his grievances.
The writ petition is therefore, not maintainable being barred by availability of statutory alternative remedies. It is dismissed, accordingly.
Order Date :- 25.4.2019 Md Faisal