Allahabad High Court
SHRI VIJAY PRATAP SINGHversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The petition challenging the order directing institution of a case is not maintainable.
Summary
The petitioner filed a writ petition challenging an order that directed the institution of a case under Section 38 of the Uttar Pradesh Revenue Code, 2006. The respondents argued that the petitioner had already appeared before the concerned authority and lodged objections. The High Court held that a petition contesting an order directing institution of a case is not maintainable. Since the petitioner had already filed objections, the court directed that those objections be considered in the regular proceedings with an opportunity of hearing and evidence. Consequently, the writ petition was disposed of.
Issues considered
- Whether a writ petition challenging an order directing institution of a case under Section 38 of the U.P. Revenue Code, 2006 is maintainable
- Whether the filing of objections before the revenue authority bars the petitioner from seeking relief through a writ petition
Legislation cited
- U.P. Revenue Code, 2006 — s. 38
Subjects
- writ petition
- maintainability
- Section 38
- U.P. Revenue Code
- objections
- court proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38891 of 2025
Shri Vijay Pratap Singh
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rituvendra Singh Nagvanshi, Shyam
Lal, Sr. Advocate
Counsel for Respondent(s) : C.S.C., Dileep Kumar Srivastava
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. This petition has been filed against an order directing for institution of
case under Section 38 of the U.P. Revenue Code, 2006.
2. It has been contended by learned counsel for the respondents that the
petitioner has already appeared before the authority concerned and has
filed his objections.
3. In my view, the petition against an order directing for institution of a
case is not maintainable.
4. Since the petitioner has already filed his objections, the court while
deciding the proceedings shall consider and decide the objections filed by
the petitioner in accordance with law after providing opportunity of
hearing as well as opportunity of leading evidence to the petitioner.
5. With these observations, the petition stands disposed of.
(Manish Kumar Nigam,J.)
May 14, 2026
Nitika Sri.
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
Checking your session…