Allahabad High Court
Shakeel Ahmad Khan, Advocate vs Sub Divisional Magistrate, Lalganj, ... on 25 August, 2020
Author: Manish Kumar
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 22 Case :- MISC. SINGLE No. - 13225 of 2020 Petitioner :- Shakeel Ahmad Khan, Advocate Respondent :- Sub Divisional Magistrate, Lalganj, Raebareli & Ors. Counsel for Petitioner :- Shakeel Ahmad Khan Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar,J.
Heard Shri Shakeel Ahmad Khan, learned counsel for the petitioner and learned State Counsel for the Opposite Parties.
The present writ petition has been filed by the petitioner for quashing of the impugned order dated 27.07.2020 passed by Sub-Divisional Magistrate, Lalganj, Raebareli i.e. Opp. Party No.1, in Case No.00826/2020, Computerized No.T202010580400826 u/s 38(2) of U.P. Revenue Code, 2006 and for issuance of direction to the Opposite Parties to maintain status-quo over the land in dispute till the final disposal of the appeal preferred by the petitioner u/s 38(4) of U.P. Revenue Code, 2006, which was fixed on 18.08.2020.
On the other hand, learned State Counsel has submitted that the petitioner has alternative statutory remedy of filing an appeal u/s 38(4) of U.P. Revenue Code, 2006, which the petitioner has already availed. Hence, the writ petition is not maintainable.
After hearing both the learned counsel for the parties and perusal of the averments made in the writ petition, the petitioner cannot avail two remedies simultaneously. The petitioner has already filed an appeal. If, there is any urgency, the petitioner shall move an application before the Appellate Authority.
It is very early stage to approach this Court particularly when the date has already fixed before the court below.
If any application is moved by the petitioner for urgency in the matter, it is expected that the same will be considered and decided by the Appellate Authority expeditiously.
With the aforesaid observations, the writ petition is disposed of finally.
Order Date :- 25.8.2020 Zafar