Subedar Sahani v. State of U.P. and 5 Others

Court No. - 48 Case :- WRIT - B No. - 3950 of 2023 Petitioner :- Subedar Sahani Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rajesh Yadav Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Saurabh Shyam Shamshery,J.

1.Heard Sri Rajesh Yadav, learned counsel for the petitioner.

¶2Petitioner has approached this Court directly challenging the order passed by Consolidation Officer. Paragraph No.37 of writ petition where ground to approach this Court at the first instance is mentioned is reproduced hereinafter: "37-That although the petitioner has remedy to prefer appeal against the order, but as the authorities are not ready to hear the petitioner at once, and the Crop of Sugarcane of petitioner is standing over the land and the Village Pradhan is trying to Grab the crop of the petitioner by using force and in this respect the petitioner has no other alternative speedy and efficacious remedy except to approach before this Hon'ble Court under its Extraordinary writ Jurisdiction under Article 226 of Constitution of India on the following amongst other grounds inter-alia;-".

¶3Learned counsel for the petitioner fairly submitted that an appeal was filed however, since there was an apprehension that it may not be listed at an early date, it was withdrawn, but same is not part of record.

¶4In the aforesaid circumstances, considering that apprehension is not based on substantial ground, therefore, this Court is not exercising its writ jurisdiction.

¶5This writ petition is disposed of with liberty to the petitioner to file an appeal along with prayer for interim relief and the Appellate Authority will consider the same expeditiously. Order Date :- 29.11.2023 SB High Court of Judicature at Allahabad