Allahabad High Court Dismisses Writ Petition, Advises Alternative Legal Route

Petitioners Directed to Appeal for Interim Protection Under U.P. Revenue Code, 2006

In a recent legal development, the Allahabad High Court has dismissed a writ petition filed by Masjid Shareef Gosulbara Ravan Bujurg and another petitioner, directing them to pursue an alternative legal remedy under the U.P. Revenue Code, 2006. The judgment was delivered by Justice Dinesh Pathak on October 4, 2025.

The petitioners initially challenged an impugned order dated September 2, 2025, issued by the Assistant Collector Ist Class/Tehsildar, Sambhal. However, upon due deliberation, the petitioners, represented by counsel Aravind Kumar Tripathi and Shashank Shri Tripathi, sought to withdraw the writ petition. They expressed the intent to file an appeal before the competent authority, specifically the Collector, as provided under Section 67(5) of the U.P. Revenue Code, 2006.

The State's legal representatives, including Additional Advocate General Sanjeev Singh and Chief Standing Counsel J.N. Maurya, raised no objections to this course of action. Consequently, the High Court dismissed the writ petition as withdrawn, granting the petitioners the liberty to resort to the alternative remedy of appeal.

Furthermore, the petitioners sought interim protection during the pendency of their appeal. Justice Dinesh Pathak clarified that the petitioners are at liberty to apply for interim protection before the appellate court. The appellate court is to consider such applications independently, based on their merits, without being influenced by the High Court's current order.

This judgment underscores the judiciary's approach to promoting the use of alternative legal remedies before engaging the High Court's writ jurisdiction. It also highlights the procedural steps available under the U.P. Revenue Code, ensuring that petitioners can seek interim relief while their appeals are adjudicated.

Bottom Line:

Writ petition dismissed as withdrawn to resort to alternative remedy available under Section 67(5) of the U.P. Revenue Code, 2006. Petitioners directed to approach the appellate court for interim protection. 

Statutory provision(s): U.P. Revenue Code, 2006, Section 67(5)

Masjid Shareef Gosulbara Ravan Bujurg v. State of UP, (Allahabad) : Law Finder Doc Id # 2788709