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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SARAL SRIVASTAVA, J.
Indrajeet Singh – Appellant
Versus
State of UP And Others – Respondents
Writ C No.192 of 2024
Decided on : 29-02-2024
Mandamus - Application under Section 76 of the U.P. Revenue Code, 2006 - The court directed the petitioner to submit an application under Section 76 of the U.P. Revenue Code, 2006 within a stipulated period, and upon submission, the competent authority was directed to receive the application and proceed in accordance with the law.
Fact of the Case:
The petitioner sought a writ of mandamus to direct the respondent to decide the application within a stipulated period. The Standing Counsel pointed out an alternative remedy under Section 76 of the U.P. Revenue Code, 2006.
Finding of the Court:
The court directed the petitioner to submit an application under Section 76 of the U.P. Revenue Code, 2006 within a stipulated period, and upon submission, the competent authority was directed to receive the application and proceed in accordance with the law. The writ petition was disposed of subject to these observations.
Issues: Petitioner's request for a writ of mandamus, alternative remedy under Section 76 of the U.P. Revenue Code, 2006, acceptance of the application by the competent authority.
Ratio Decidendi: The court emphasized the availability of an alternative remedy under Section 76 of the U.P. Revenue Code, 2006 and directed the petitioner to pursue that remedy. The court's decision was based on the principle that the petitioner should exhaust alternative remedies before seeking a writ of mandamus.
Final Decision: The writ petition was disposed of, and the petitioner was directed to submit an application under Section 76 of the U.P. Revenue Code, 2006 within a stipulated period, with the competent authority being directed to receive the application and proceed in accordance with the law.
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:-
(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.
Exhaustion of alternative remedies before seeking a writ of mandamus.
Availability of alternative remedy under section 67(5) of the U.P. Revenue Code, 2006.
The court emphasized the necessity of exhausting statutory remedies before invoking writ jurisdiction, with exceptions for violations of natural justice and lack of jurisdiction.
A writ petition can be entertained despite the availability of an alternative remedy when the impugned order violates principles of natural justice.
The U.P. Revenue Code's provisions regarding appeals are self-contained and govern the necessity of filing documents, overriding general procedural requirements of the Code of Civil Procedure.
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