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2024 DIGILAW 638 (ALL)

Indrajeet Singh v. State of UP

2024-02-29

SARAL SRIVASTAVA

body2024
JUDGMENT : 1. Heard counsel for the petitioner and learned Standing Counsel for the respondents. 2. The petitioner by means of the present writ petition has prayed for the following relief:- "(i) to issue a writ, order or direction in the nature of writ of mandamus commanding/directing the respondent no.3 to decide the application dated 17.08.2023 of the petitioner within a stipulated period as fixed by this Court. (iii) to issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (iv) to award the cost of the present writ petition in favour of the petitioner." 3. Learned Standing Counsel submits that the petitioner has an alternative remedy of filing application under Section 76 of the U.P. Revenue Code, 2006. 4. Learned counsel for the petitioner alleges that despite the fact that petitioner has submitted application under Section 76 of the U.P. Revenue Code, but the said application is not being accepted by the competent authority. 5. In such view of the fact, petitioner is directed to submit an application under Section 76 of the U.P. Revenue Code, 2006 along with certified copy of the present order before the competent authority within a period of one month from today. On presenting the said application under Section 76 of the U.P. Revenue Code, 2006 by the petitioner, the competent authority i.e. respondent no.3-Sub Divisional Magistrate, Tehsil-Sadar, District Bulandshahar shall receive the same and proceed in accordance with law. 6. The writ petition is disposed of subject to the observations made above.