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HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTH NANDAN
Sant Harvindar Singh – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. service of process details (Para 1 , 2 , 3) |
| 2. writ petition being decided at the admission stage (Para 4) |
| 3. arguments on alternative remedy exception (Para 5 , 6 , 7 , 8 , 9) |
| 4. examination of order vii rule 11 (Para 10 , 12) |
| 5. legal standing of pendency claims (Para 14 , 16) |
| 6. concerns of judicial consideration (Para 20 , 21) |
| 7. clarification on proceedings under revenue code (Para 26 , 30) |
| 8. final order remanding decision (Para 31) |
JUDGMENT :
SIDDHARTH NANDAN, J.
In Re: Civil Misc. Amendment Application No. Nil of 2025
1. Amendment application has been filed to correct the description of respondent no.4.
2. Learned Additional Chief Standing Counsel has no objection.
3. Counsel for the petitioner is permitted to correct the array of parties during the course of the day.
4. Accordingly, the same is allowed.
Order on petition
1. Sri Ajay Shankar has filed an affidavit of service in pursuance of the order of this Court dated 28 November, 2025; in Court today; the same is taken on record.
2. As per the para 4 of the affidavit Dasti Summons have been served upon the respondent no.4.
3. Heard Sri Ajay Shankar, learned counsel for the petitioner and Sri S.N. Srivastava, learned Ad
The pendency of proceedings under one provision does not bar actions under another; purely legal questions can be heard despite available alternative remedies.
Civil Courts have jurisdiction to adjudicate matters involving non-agricultural land, despite the U.P. Revenue Code's provisions, as the rejection of the plaint was deemed unlawful.
The court established that restoration proceedings under the U.P. Land Revenue Act, 1901 are valid despite the enactment of the U.P. Revenue Code, 2006, emphasizing jurisdictional competence and subs....
The main legal point established in the judgment is the appealability of an order rejecting an application for temporary injunction under Section 146 of the Revenue Code, and its non-revisability und....
The grounds for rejection of a plaint under Order VII Rule 11 of the CPC cannot be examined at the stage of defendant's evidence and go into the merits of the suit, which should be decided during the....
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.
The main legal point established in the judgment is that the proceedings under the Land Revenue Act are summary in nature and governed by their own procedural provisions, and the general procedural r....
Revision petitions under Section 115 are non-maintainable against orders passed under Section 96; appeal should be under Section 100 of the Code of Civil Procedure.
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