Court No. - 10
Case :- WRIT - C No. - 9523 of 2021 Petitioner :- Shanti Devi Respondent :- State Of U.P. And 14 Others Counsel for Petitioner :- Shiv Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the petitioner, learned Standing Counsel and Sri Krishna Kant Singh learned counsel appearing for the Gaon Sabha.
Learned Standing Counsel and the counsel for the Gaon Sabha, have raised a preliminary objection and have submitted that when the Suit itself was decided then the petitioner should have filed a First Appeal against the final decree as under Section 210 of the U.P. Revenue Code, 2006, it has been provided that no Revision would lie if an Appeal was provided.
Since the learned Standing Counsel has read out the provisions of Section 210 of the U.P. Revenue Code, 2006, the same is being reproduced here as under:-
"210. Power to call for the records. - (1) The Board or the Commissioner may call for the record of any suit or proceeding decided by any subordinate revenue Court in which no appeal lies, for the purpose of satisfying itself or himself as to the legality or propriety of any order passed in such suit or proceeding; and if such subordinate Court appears to have -
(a) exercised a jurisdiction not vested in it by law; or
(b) failed to exercise a jurisdiction so vested; or
(c) acted in the exercise of such jurisdiction illegally or with material irregularity, the Board, or the Commissioner, as the case may be, may pass such order in the case as it or he thinks fit.
(2) If an application under this section has been moved by any person either to the Board or to the Commissioner, no further application by the same person shall be entertained by the other of them.
[Explanation.- For the removal of doubt it is, hereby, declared that when an application under this section has been moved either to the Board or to the Commissioner, the application shall not be permitted to be withdrawn for the purpose of filing the application against the same order to the other of them]
(3) No application under this section shall be entertained after the expiry of a period of sixty days from the date of the order sought to be revised or from the date of commencement of this Code, whichever is later."
Under such circumstances, no interference is made in the instant writ petition and the writ petition is accordingly dismissed.
However, the petitioner may avail such alternative remedy which might be available to him.
Order Date :- 27.7.2021 PK (Siddhartha Varma,J.)