Court No. - 10
Case :- WRIT - C No. - 3053 of 2019 Petitioner :- Uma Shankar Dubey Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Bal Krishna Pandey Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Sri Rajesh Srivastava, learned Standing Counsel for the State-respondent.
By means of the present writ petition, petitioner is before this Court asking the second respondent to take necessary action upon the application of the petitioner dated 16.12.2018 and ensure that the order dated 17.12.2018 passed by him may be complied by the officials concerned.
Sri Rajesh Srivastava raised an objection that so far as the demarcation is concerned, there is full-fledged mechanism provided in the Rule 22 of the U.P.Revenue Code Rules 2016 and in case any such application is moved strictly in accordance with the Rules 2016 then the Authority concerned would proceed expeditiously to decide the same.
Once an objection is being raised, the Court has proceeded to examine the record and the Court is of the considered opinion once the efficacious alternative remedy is available to the petitioner, there is no reason or occasion to bypass the statutory forum and the writ petition is liable to be dismissed on the ground of statutory alternative remedy.
In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending and with the consent of the parties, the writ petition is disposed of finally with the direction that in case any such appeal is being preferred by the petitioner within two weeks from today, the appellate authority would proceed to decide the same on its own merit within further three months time but certainly after affording opportunity to all stakeholders in the matter.
Order Date :- 29.1.2019 A.K.Srivastava