Court No. - 18
Case :- WRIT - C No. - 14694 of 2018 Petitioner :- Yogendra Pandey Respondent :- State Of U.P. And 5 Ors Counsel for Petitioner :- Sanjay Kumar Mishra Counsel for Respondent :- C.S.C.,Subodh Pandey,Tariq Maqbool Khan
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Sanjay Kumar Mishra, learned counsel for the petitioner, Shri B.B. Pandey, learned Additional Chief Standing Counsel for the State respondents, Shri T.M. Khan, Advocate appearing for the Gaon Sabha and Shri Subodh Pandey, Advocate appearing for the fifth respondent.
Petitioner is before this Court assailing the validity of order dated 21.09.2015 and 03.11.2015 and order dated 13.12.2017 passed by Upziladhikari, Salempur, District Deoria as well as Appellate Court order dated 20.02.2018 passed by Additional Commissioner, (Judicial), Gorkahpur Division, Gorakhpur. Further prayer has been made to command the third respondent to maintain the status quo on the land in question.
At the very outset, learned Standing Counsel has raised a preliminary objection that against the order of first appellate Court, the petitioner has got efficacious alternative remedy to file second appeal before the Board of Revenue and as such, this Court should not intervene in the matter.
Shri Subodh Pandey, Advocate appearing for fifth respondent has apprised to the Court that earlier Shri Rajendra Pandey, who has been arrayed as fifth respondent has approached to this Court by preferring Writ Petition no.39678/2017 (Rajendra Pandey vs. State of U.P. and others) for direction to the SDO to execute the final decree dated 21.09.2015 passed in partition suit. The aforesaid writ petition was disposed of vide order dated 30.08.2017 asking the SDO to ensure execution of final decree passed in the partition suit dated 21.09.2015 by actual demarcation of the kurra on the spot within a period of two months and in this backdrop, he submits that there was categorical order on 30.08.2017 but either on one pretext or other, the petitioner has delayed the said proceeding.
Once such an objection has been raised, then this Court has proceeded to examine the record and find that against the order impugned passed by the Additional Commissioner dated 20.02.2018 admittedly under Section 176 of UPZA&LR Act 1950, the petitioner has got alternative remedy of filing second appeal before the Board of Revenue and once such a remedy is available to the petitioner and it has also been urged on behalf of fifth respondent that in pursuance of order dated 30.08.2017, the actual demarcation is also pending, then this Court is of the considered opinion that no interference is required in the matter and as such, the Writ Petition is dismissed on the ground of alternative remedy.
Order Date :- 24.4.2018 A. Pandey