Court No. - 10
Case :- WRIT - C No. - 36072 of 2018 Petitioner :- Rang Vihari Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Ajay Kumar Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri Ajay Kumar, learned counsel for the petitioner, Sri Ashish Kumar Srivastava appears for the Gaon Sabha/third respondent and learned Standing Counsel for the State-respondent.
The present writ petition is being preferred by the petitioner challenging the legality and validity of the order impugned dated 7.8.2018 passed by the Tehsildar Sadar, District Firozabad in Case No. 539 of 2012-13 (Rang Vihari Vs. Chhail Vihari and others), under Section 34 of L.R. Act.
At the very outset, learned Standing Counsel has raised a preliminary objection regarding maintainability of the writ petition on two accounts; in case by the order impugned the proceeding has been finalised under Section 34 of L.R. Act ex-parte, the appropriate remedy is to invoke the proviso of Section 209 of U.P. Land Revenue Code, 2006 otherwise the petitioner has got alternative remedy to file an appeal under Section 35(2) of the U.P. Land Revenue Code, 2006.
In the facts and circumstances, this Court is of the considered opinion that once the statutory forum is available to the petitioner, in such situation, it is always open to the petitioner to move an appropriate application/appeal before the appropriate forum as per the provisions contained. In case, any such application/appeal is preferred by the petitioner within two weeks from today, the concerned forum would proceed on the same in accordance with law, as expeditiously as possible.
With the aforesaid, the writ petition stands
disposed of.
Order Date :- 30.10.2018 A.K.Srivastava