Allahabad High Court
Natthu Alias Nand Kishore vs State Of U.P. And Others on 11 January, 2010
Author: Arun Tandon
Bench: Arun Tandon
Court No. - 6 Case :- WRIT - C No. - 827 of 2010 Petitioner :- Natthu Alias Nand Kishore Respondent :- State Of U.P. And Others Petitioner Counsel :- Harsh Kumar Srivastava Respondent Counsel :- C.S.C.,Anuj Kumar Hon'ble Arun Tandon,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
Against the orders passed in proceedings, under Section 122B (4) of the U.P. Zaminari Abolition and Land Reforms Act, efficacious statutory alternative remedy under Section 122B (4D) by way of suit has been provided for.
In the opinion of the Court there is absolutely no reason as to why this Court may not insist upon the petitioner to exhaust the remedy, as has been statutorily provided.
At this stage, learned counsel for the petitioner states that in respect of similar matter, the Hon'ble High Court has granted interim orders and such interim orders have been enclosed at pages 44 and 45 of the writ petition.
Having considered the submissions made by the learned counsel for the parties and having examined the records of the present writ petition, this Court finds that there has been absolutely no consideration of the provisions of Section 122B (4D) of the Act and therefore, in absence of consideration of the such statutory remedy, which has been provided for under the said Act in the said interim orders, this Court is not inclined to entertain the present writ petition or to grant similar interim orders.
The writ petition is accordingly dismissed with liberty to the petitioner to invoke his remedy as provided under the said Act.
Order Date :- 11.1.2010 Sushil/-