Allahabad High Court
SHYAM NARAIN CHAUBEYversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
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
- U.P. Revenue Code, 2006 — s. 67, 67(5)
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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