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Allahabad High Court

SHYAM NARAIN CHAUBEYversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The order is appealable under Section 67(5) of the U.P. Revenue Code, 2006, and the writ petition is therefore dismissed.

Summary

The petitioner, Shyam Narain Chaubey, filed a writ petition challenging an order dated 03-10-2025 issued under Section 67 of the Uttar Pradesh Revenue Code, 2006. The respondent State of U.P. and others raised a preliminary objection that the impugned order is appealable under Section 67(5) of the same Code. The Court examined whether a writ petition is maintainable when the order is statutorily appealable. Finding that the preliminary objection was valid, the Court declined to interfere with the order. Consequently, the writ petition was disposed, with liberty granted to the petitioner to pursue the statutory appeal. Certified copies of the petition documents were ordered to be returned to counsel after retaining a photocopy on record.

Issues considered

  • Whether the order passed under Section 67 of the U.P. Revenue Code, 2006 is appealable under Section 67(5) and therefore not amenable to writ jurisdiction.

Legislation cited

Subjects

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

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 17556 of 2026

                                    Shyam Narain Chaubey
                                                                                                 .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 4 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)                :   Subhash Chandra Yadav
                                    Counsel for Respondent(s)                :   C.S.C., Pradeep Singh

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

                                    1. This petition has been filed challenging the order dated 03.10.2025
                                    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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