Allahabad High Court
DURGA CHARAN AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The order is appealable; therefore, the writ court will not interfere and dismisses the petition.
Summary
Durga Charan and another filed a writ petition challenging an order dated 01.07.2025 that dismissed their application filed under Section 24 of the U.P. Revenue Code, 2006. The petitioners contended that the order was liable to be challenged before the High Court. The respondents, the State of U.P. and three others, raised a preliminary objection that the order was appealable and therefore not maintainable before the writ jurisdiction. The Court, after considering the objection, declined to interfere with the order, holding that the petitioners must pursue the remedy available under the law, i.e., an appeal. Consequently, the writ petition was disposed with liberty to the petitioners to avail the appropriate remedy.
Issues considered
- Whether the order dismissing the application under Section 24 of the U.P. Revenue Code, 2006 is appealable and thus beyond the jurisdiction of the writ court
- Whether the High Court can entertain the writ petition challenging such an order
Legislation cited
- U.P. Revenue Code, 2006 — s. 24
Subjects
- Writ petition
- Section 24
- U.P. Revenue Code
- Appealability
- Jurisdiction
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 4638 of 2026
Durga Charan And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhinav Singh, Anirudh Pratap Singh
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. This petition has been filed challenging an order dated 01.07.2025
dismissing the application of the petitioners filed under Section 24 of the
U.P. Revenue Code, 2006.
2. A preliminary objection has been raised by learned Standing Counsel
that order impugned is appealable.
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
petitioners to avail the remedy as available to them under the law.
5. Office is directed to return the certified copies of the documents
annexed with the petition to learned counsel for the petitioners after
retaining photocopy of the same on record.
(Manish Kumar Nigam,J.)
April 2, 2026
Nitika Sri.
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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