IMPORTANT POINT
The U.P. Revenue Code, 2006 applies to areas under Nagar Panchayats, and the availability of a statutory alternative remedy precludes the entertainment of a writ petition.

JUDGMENT :

YOGENDRA KUMAR SRIVASTAVA, J.

1. Heard Sri Anurag Tripathi, learned counsel for the petitioner, Sri J.N. Maurya, learned Chief Standing Counsel appearing along with Sri Satyendra Nath Srivastava and Sri Abhishek Shukla, learned Additional Chief Standing Counsel, and Sri Amresh Kumar Tewari learned Standing Counsel, for the State respondents, and Sri Madan Mohan Srivastava, learned counsel appearing for the respondent No. 5.

2. The present petition has been filed seeking to assail the order dated 3.1.2023, passed by the respondent No. 4, the Tahsildar, Tehsil Manjhanpur, District Kaushambi, in Case No. 559 of 2022 (Computerized Case No. T202202420300559) [Rajesh Kumar Pandey Vs. Hari Prasad Pandey] in proceedings under Section 25 of the U.P. Revenue Code, 2006 [the Revenue Code] and also praying for certain ancillary reliefs.

3. An objection has been raised by the counsel appearing for the State respondents with regard to the entertainability of the writ petition by pointing out that the order passed under Section 25 of the Revenue Code, would be subject to the statutory alternative remedy of a revision under Section 27 of the Revenue Code.

4. In response to the aforesaid objection, counsel for the petitioner has sought to urge that the land in question which is situate in village “Purabsharira” Tehsil Manjhanpur, District Kaushambi, is part of the notified area of the Nagar Panchayat, Purab-Paschimsharira, and in view thereof the provisions of the Revenue Code would not be applicable, and therefore the order impugned being without jurisdiction, the plea of a statutory alternative remedy, would not create a bar to the writ petition being entertained.

5. Attention of the Court has been drawn to a notification bearing Notification No. 2875/IX-10-2019-28TA/-19, dated 31.12.2019, issued by the Uttar Pradesh Shasan, Nagar Vikas Anubhag-1, exercising powers under Clause (2) of Article 243-Q of the Constitution read with Section 3 of the Uttar Pradesh Municipalities Act, 1916. In terms of above, it has been specified that the local area with limits as given in the Schedule, shall be a transitional area for the purpose of Part-IX-A of the Constitution, and a Nagar Panchayat shall be constituted for the same, which would be known as Nagar Panchayat, Purab-Paschim Sharira in District Kaushambi.

6. To examine the issue relating to the jurisdiction of the respondent authority which has passed the order impugned, the question relating to the applicability of the provisions of the Revenue Code to an area notified under the Uttar Pradesh Municipalities Act, 1916, would be required to be considered.

7. The U.P. Revenue Code, 2006, has been described as an Act to consolidate and amend the law relating to land tenures and the land revenue in the State of Uttar Pradesh, and to provide for matters connected therewith and incidental thereto.

8. The provision relating to extent of the Act is contained under Section 1 of the Revenue Code. The applicability of the Revenue Code is provided for, under Section 2, whereas Section 3 contains the provision for extension of the Code to new areas.

9. For ease of reference, the aforesaid statutory provisions contained in Sections 1, 2 and 3, are being extracted below:

“1. Short title, extent and commencement:

(1) This Act may be called the Uttar Pradesh Revenue Code, 2006.

(2) It extends to the whole of Uttar Pradesh.

(3) It shall come into force on such date as the State Government may, by notification, appoint and different dates may be appointed for different areas or for different provisions of this Code.

2. Applicability of the Code - The provisions of this Code, except Chapters VIII and IX shall apply to the whole of Uttar Pradesh, and Chapters VIII and IX shall apply to the areas to which any of the enactments specified at serial numbers 19 and 25 of the First Schedule was applicable on the date immediately preceding their repeal by this Code.

3. Extension of the Code to new areas:

(1) Whereafter the commence