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Allahabad High Court · body

2016 DIGILAW 1502 (ALL)

Sri Ram v. District Magistrate, Sultanpur

2016-04-22

ASHOK PAL SINGH, NARAYAN SHUKLA

body2016
JUDGMENT The petitioner has prayed for issuance of a writ in the nature of Mandamus directing the respondent no.3 to comply the legal procedure under Section 26 of the U.P. Land Revenue Code, 2006 in Gata No.2122 measuring area 0.0490 hectare. 2. Since a statutory remedy is available under Section 122-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 or, as the case may be, upon the enforcement of the new Uttar Pradesh Revenue Code, 2006 under Section 67 thereof, we are not inclined to entertain the petition. We clarify that we have not expressed any opinion on the merits of the grievance. However, since the statutory remedy is available, we permit the petitioner to file a comprehensive representation to the Assistant Collector who shall, upon verification of facts, initiate a proceeding under Section 122-B of the Act or, as the case may be, upon the enforcement of the new Uttar Pradesh Revenue Code, 2006 under Section 67 thereof, if the facts and circumstances of the case so justify. In the event that proceedings have already been initiated, they shall be concluded expeditiously. 3. We, however, clarify that all facts shall be subject to due verification and any proceeding that may be adopted will be with due notice to all the affected parties. 4. With these observations, we dispose of this petition. There shall be no order as to costs.