Allahabad High Court
SHRI RAM SAROJ AND ANOTHERversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
A writ petition is not maintainable where a specific statutory appeal under Section 38(4) of the U.P. Revenue Code, 2006 is available.
Summary
The petitioners challenged an order dated 29 August 2025 issued by the Sub‑Divisional Magistrate, Jaunpur, under Section 38(2) of the Uttar Pradesh Revenue Code, 2006, which was initiated by respondent No.6, Sri Prakash. The Court noted that the petitioners failed to demonstrate any prejudice caused by the order despite repeated queries. It observed that a statutory alternative remedy exists, allowing an appeal to the Commissioner under sub‑section (4) of Section 38 of the same Code. Consequently, the Court held that the writ petition could not proceed when a specific statutory remedy is available. The petition was therefore dismissed on the ground of the availability of the alternative remedy.
Issues considered
- What is the appropriate remedy for a party aggrieved by an order passed under Section 38(2) of the U.P. Revenue Code, 2006?
Legislation cited
- U.P. Revenue Code, 2006 — s. 38(2), 38(4)
Subjects
- writ petition
- statutory alternative remedy
- U.P. Revenue Code
- Section 38
- appeal to Commissioner
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 6243 of 2026
Shri Ram Saroj And Another
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Lal Chandra Yadav
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. The order dated 29.08.2025 passed by the respondent no.3-Sub
Divisional Magistrate, Jaunpur in the proceedings under Section 38(2) of
the U.P. Revenue Code, 2006 initiated by the respondent no.6 namely Sri
Prakash is under challenge in the present writ petition.
2. Inspite of repeated query raised by this Court nothing has been argued
by counsel for the petitioner that what prejudice has been caused to the
petitioners by the aforesaid order.
3. Apart from the same, statutory alternative remedy is available to the
petitioner to file an appeal before the Commissioner as provided under
sub-section (4) of Section 38 of the U.P. Revenue Code, 2006.
4. In view of the same, present writ petition is dismissed on the ground of
statutory alternative remedy available to the petitioner.
(Prakash Padia,J.)
March 18, 2026
Pramod Tripathi
Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad
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