- (1.) HEARD Sri Pradeep Kumar Tiwari, learned counsel for the petitioner and learned Chief Standing Counsel and Sri Anup Kumar Upadhyay holding brief of Sri S.L.Verma, learned counsel for the Opposite Party No.3.
(2.) OPPOSITE Party No.3 has raised a preliminary objection that a statutory remedy under 229 (b) of the U.P. Z.A. and L.R. Act is available then the writ petition arising out of mutation proceedings under Section 34 of Revenue Act is not maintainable.
(3.) PARTIES ' counsel and learned Additional Chief Standing Counsel were heard on this point. Learned counsel for the petitioner has argued that the bar on account of alternative remedy is not a rule of universal application. If the order passed is arbitrary by abusing power or any violation of principles of natural justice, may always be subjected to judicial review. Learned counsel has relied upon a decision of Division Bench of this Court in Lipton India Ltd. Ghaziabad Vs. State of U.P. and Others,2009 27 LCD 161.;