Pramod and Another v. Additional Commissioner and 4 Others

Court No. - 47 Case :- WRIT - C No. - 31452 of 2023 Petitioner :- Pramod And Another Respondent :- Additional Commissioner And 4 Others Counsel for Petitioner :- Dharmendra Singh,Indrajeet Singh Counsel for Respondent :- C.S.C.,Sher Bahadur Singh Hon'ble Manish Kumar Nigam,J.

¶1Heard learned counsel for the parties and perused the record.

¶2The writ petition has been filed for the following relief: "(i) Issue a writ, order or direction in the nature of Certiorari to quash the order dated 06.06.2023 passed by the respondent no. 1 in Appeal No. 01963/2018 (Computer Case No. C201812000001963) [Harinandan (deceased) substituted Pramod etc. Vs. Chunni and others) as well as the order dated 08.03.2013 passed by the respondent no. 2 in Case No. 09/2011-12 (Chunni Vs. Harinandan and another) (Annexure-10 & 7 respectively to writ petition)."

¶3Learned Standing Counsel raised a preliminary objection that against the order dated 06.06.2023 passed by the first appellate court in proceedings under Section 209 of U.P. Z.A. & L.R. Act, a second appeal is maintainable in view of Section 331 and Schedule-2 of the U.P. Z.A. & L.R. Act.

¶4In view of the above, I am not inclined to interfere in the matter.

¶5Accordingly, the writ petition is dismissed with liberty to the petitioner to avail remedy as available to him under U.P. Z.A. & L.R. Act. Order Date :- 30.10.2023 Ved Prakash (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad