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SIDHARI YADAV & ANOTHER versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Sidhari Yadav & Another v. State Of U.P. & Others - WRIT - C No. 60801 of 2006 [2006] RD-AH 18834 (7 November 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Anjani Kumar, J.

Heard learned counsel for the petitioners and learned standing counsel.

At the very outset learned standing counsel raised objection that against the impugned order passed by the Sub-Divisional Officer the petitioner has a remedy of filing a revision in view of the decision of Full Bench in the case of Ram Kumar and others v. State of U.P. and others, 2005 (99) RD 823, wherein a Full Bench has held as under:-

"The order passed by Collector cancelling a fishery lease or refusing to cancel a fishery lease is, thus, clearly amenable to revisional jurisdiction as provided under 1950 Act. 1950 Act being complete code, the remedy with regard to fishery lease has to be first obtained under the four corners of the Act and Rules."

In view of aforesaid decision the petitioner has an alternative remedy to file revision. The writ petition is dismissed on the ground of alternative remedy.

Dt: 7.11.2006.

mhu - 60801/06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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