Court No. - 7

Case :- WRIT - C No. - 36684 of 2022

Petitioner :- Shafiq Ahmad And 2 Others

Respondent :- State Of U.P. And 12 Others

Counsel for Petitioner :- Bashishth Narayan Upadhyay,Pawan Giri

Counsel for Respondent :- C.S.C.,Nagendra Nath Mishra,Sanjay

Kumar Pandey

Hon'ble Chandra Kumar Rai,J.

Heard Mr. B.N. Upadhyay, Counsel for the petitioners, Mr.

Abhishek Shukla, learned Additional Chief Standing Counsel for the

State-respondents and Mr. Sanjay Kumar Pandey, Counsel for

respondent No.4.

The instant writ petition has been filed against the judgement

dated 21.10.2022 passed by respondent No.2 in Appeal under

Section 207 of the U.P. Revenue Code, 2006 as well as order dated

02.05.2022/09.05.2022 passed in proceeding under Section 131 of

the Revenue Code, 2006.

The brief facts of the case are that application/ suit filed by

respondent No.4 Nagar-Panchayat under Section-131 of U.P.

Revenue Code, 2006 has been allowed by Up-Ziladhikari vide

judgment dated 02.05.2022/ 09.05.2022. Against the judgment

dated 02.05.2022/ 09.05.2022, petitioners filed an appeal under

Section 207 of U.P. Revenue Code 2006, which has been dismissed

vide impugned judgment dated 20.10.2022.

Against the impugned order, petitioners have remedy of filing

second appeal as provided in Third Scheduled framed under U.P.

Revenue Code, 2006 that order passed under Section 207 of U.P.

Revenue code, 2006 in First Appeal arising out of case under

Section 131 of the U.P. Revenue code, 2006, second appeal will be

maintainable before the Board of Revenue. Provisions contained in

Third Schedule is as follows:-

THIRD SCHEDULE

(See Sections 206, 207 and 208)

Section

Description of

suit, application

or

proceedings

Court or

Officer of

original

jurisdiction

First Appeal

Second

Appeal

1

2

3

4

5

131(1)

Suit for

ejectment of an

asami

Sub-Divisional

Officer

Commissioner

Board

In view of the provisions contained in Schedule 3 framed

under the U.P. Revenue Code, 2006, the petitioner has an

alternative remedy of second appeal under Section 208 of U.P.

Revenue Code, 2006, as such no interference is required against the

impugned judgment. The writ petition is dismissed on the ground of

alternative remedy. If petitioners will file second appeal against the

impugned order passed by first appellate Court dated 21.10.2022

before Board of revenue within three weeks along with the

necessary stay application, then Board of Revenue shall decide the

stay application after considering the appeal on admission within a

period of four weeks from the date of filing of second appeal and

the entire appeal will be decided within a period of six months from

the date of filing of the second appeal.

Order Date :- 16.1.2023

PS*

2

Digitally signed by :-

PRITI SHARMA

High Court of Judicature at Allahabad