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Allahabad High Court

VIRENDRAversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The order is appealable under Section 67(5) of the U.P. Revenue Code, 2006 and the writ petition cannot be entertained.

Summary

The petitioner Virendra filed a writ petition challenging an order dated 2 April 2026 that was issued under Section 67 of the Uttar Pradesh Revenue Code, 2006. The respondent State of U.P. raised a preliminary objection that the impugned order is appealable under Section 67(5) of the same Code. The High Court examined the objection and concluded that the order falls within the scope of the statutory appeal provision. Consequently, the Court declined to interfere with the order through the writ jurisdiction. The petition was therefore disposed, with the Court directing the petitioner to pursue the remedy available under the statute. Certified copies of the petition documents were ordered to be returned to the petitioner’s counsel after retaining a photocopy on record.

Issues considered

  • What is the correct statutory remedy for an order passed under Section 67 of the U.P. Revenue Code, 2006?
  • Is the order appealable under Section 67(5) of the U.P. Revenue Code, 2006, thereby precluding writ jurisdiction?

Legislation cited

Subjects

  • U.P. Revenue Code
  • Section 67
  • appealability
  • writ petition
  • preliminary objection
  • jurisdiction
  • disposal

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 17333 of 2026

                                    Virendra
                                                                                                 .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 2 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)       : Brajesh Kumar Singh,               Shailendra
                                                                      Kumar Maurya
                                    Counsel for Respondent(s)       : C.S.C., Sudhir Bharti

                                    Court No. - 36
                                                      HON'BLE MANISH KUMAR NIGAM, J.

                                    1. This petition has been filed challenging the order dated 02.04.2026
                                    passed under Section 67 of the U.P. Revenue Code, 2006.

                                    2. A preliminary objection has been raised by learned Standing Counsel
                                    that the order impugned is appealable under Section 67(5) of the U.P.
                                    Revenue Code, 2006.

                                    3. In view of above, I am not inclined to interfere in the matter.


                                    4. Accordingly, the writ petition is disposed of with liberty to the
                                    petitioner to avail the remedy as available to him under the law.

                                    5. Office is directed to return the certified copies of the documents
                                    annexed with the petition to learned counsel for the petitioner after
                                    retaining photocopy of the same on record.



                                                                                     (Manish Kumar Nigam,J.)
                                    May 5, 2026
                                    Nitika Sri.




Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad


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