Allahabad High Court
CHUNNI LAL AND 4 OTHERSversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The writ petition is dismissed because a statutory alternative remedy of a second appeal under the U.P. Revenue Code, 2006 is available.
Summary
The petitioners challenged an order dated 11.08.2025 passed by the Commissioner, Moradabad Division under Section 207 of the U.P. Revenue Code, 2006. The High Court observed that the petitioners have a statutory alternative remedy – a second appeal under the III Schedule of the same Code – and therefore the writ petition cannot be entertained. Consequently, the Court dismissed the writ petition on the ground of the availability of an alternative remedy. The certified copy of the order was ordered to be returned to the office while retaining a photocopy. The judgment was delivered by Justice Prakash Padia on 18 March 2026.
Issues considered
- Whether the writ petition is maintainable when a statutory alternative remedy of a second appeal under the U.P. Revenue Code, 2006 is available.
Legislation cited
- U.P. Revenue Code, 2006 — s. 207, III Schedule
Subjects
- writ jurisdiction
- alternative remedy
- U.P. Revenue Code
- Section 207
- second appeal
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 5534 of 2026
Chunni Lal And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Girish Kumar Mishra, Hari Om Shukla
Counsel for Respondent(s) : Arun Kumar Pandey, C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. Order dated 11.08.2025 passed by the Commissioner, Moradabad
Division, Moradabad in the Appeal filed by the petitioner under Section
207 of the U.P. Revenue Code, 2006 is under challenge.
2. Against the aforesaid order, statutory alternative remedy is available to
the petitioner to file a second appeal as provided under III schedule of
the U.P. Revenue Code, 2006.
3. Accordingly, the writ petition is dismissed on the ground of availability
of alternative remedy.
4. Office is directed to return the certified copy of order which is
appended along-with the writ petition after retaining the photocopy of the
same.
(Prakash Padia,J.)
March 18, 2026
Swati
Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad
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