Allahabad High Court
Ataullah And 8 Others vs State Of Up And 7 Others on 21 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:181679 Court No. - 34 Case :- WRIT - C No. - 23592 of 2024 Petitioner :- Ataullah And 8 Others Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Adya Prasad Tewari Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. The instant petition has been filed for the following relief:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned judgment and order dated 20.12.1977 passed by the Assistant Collector I Class, Tehsil Sadar, District Gorakhpur in Suit No.325 (Ahtesham Ahmad vs. Sayyed Mohammad Ali Kabir) under Section 229B UPZA and LR Act and impugned judgment and order dated 15.05.2024 passed by the Additional Commissioner (Judicial)-II, Gorakhpur Division, Gorakhpur in Appeal No.47/2005/2005-2006 Computerized Case No.C2005050000132 (Ataullah Vs. Ahtesham) under Section 229-B U.P. Zamindari Abolition and Land Reforms Act."
3. This petition has been filed against an appellate order passed in proceedings under Section 229-B of the UPZA & LR Act, by which, the appeal of the appellant has been rejected on the ground of limitation.
4. A preliminary objection has been raised by learned Standing Counsel that against an order impugned, the petitioner has an alternative remedy of filing a second appeal.
5. In view of the same, I am not inclined to interfere in the matter.
6. The writ petition stands disposed of with liberty to the petitioner to avail the remedy as available to him under law.
7. Certified copy of the order impugned may be returned to the learned counsel for the petitioner after retaining the photo stat copies of the same.
Order Date :- 21.11.2024 Priya