Court No. - 9
Case :- WRIT - C No. - 14361 of 2019 Petitioner :- Subhash Chandra Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Pratibha Ojha,Rajiv Shukla Counsel for Respondent :- C.S.C.,Brij Kumar Yadav
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and Shri Brij Kumar Yadav for the Gaon Sabha, the respondent no. 4.
The writ petition arises out of proceedings under Section 67 of the U.P. Revenue Code, 2006, which were drawn for eviction of the petitioner from Gaon Sabha property illegally occupied by him.
Vide order dated 22.02.2019, an order for his eviction was passed. Additionally, damages to the tune of Rs. 1,80,000/- were also imposed. It appears that in consequent to the order dated 22.02.2019, a recovery certificate has also been issued for recovery of the damages imposed upon the petitioner.
The contention of counsel for the petitioner is that the order has been passed ex-parte.
In my considered opinion, against the ex-parte order, the petitioner has remedy of filing a restoration application. Even otherwise the order impugned is appealable under Section 67(4) of the U.P. Revenue Code.
None of these statutory alternative remedies available to the petitioner, have been availed.
Under the circumstances, this writ petition is dismissed on the ground of availability of a statutory alternative remedies.
Order Date :- 26.4.2019 Mayank