Mohammad Shahid v. Commissioner, Devipatan Mandal, Gonda and Others

Court No. - 6 Case :- WRIT - C No. - 11530 of 2023 Petitioner :- Mohammad Shahid Respondent :- Commissioner, Devipatan Mandal, Gonda And Others Counsel for Petitioner :- Dwijendra Mishra Counsel for Respondent :- C.S.C.,Surya Narayan Mishra Hon'ble Rajnish Kumar,J. Sri Hemant Kumar Misra learned Advocate has filed vakalatnama on behalf of opposite party no.4 which is taken on record. Heard Sri Dwijendra Mishra learned counsel for the petitioner and Sri Hemant Kumar Misra learned counsel for the respondent no.4. Learned Standing counsel is present for the respondent nos.1 to 3. This petition has been filed challenging the order dated

30.11.2023 passed in Appeal no.789 of 2023 by the Commissioner, Devi Patan Mandal, Gonda under Section 207 of U.P. Revenue Code, 2006 whereas the appeal is provided under Section 38(4) of the Revenue Code, 2006 against the order passed under Section 38, therefore, it can be an order under Section 38(4) and the orders passed by the Commissioner under Section 38(4) is subject to provisions of Section 210 of U.P. Revenue Code, 2006. Therefore, the petitioner has an alternative and statutory remedy under Section 210 of filing revision before the Board of Revenue. In view of the above, the petition is dismissed on the ground of alternative and statutory remedy available to the petitioner. (Rajnish Kumar,J.) Order Date :- 22.12.2023 Harshita High Court of Judicature at Allahabad, Lucknow Bench