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Allahabad High Court

SHRI VIJAY PRATAP SINGHversusSTATE OF U.P. AND 4 OTHERS

Decided

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

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


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