SHERA Vs. STATE OF U P
LAWS(ALL)-2014-7-102
HIGH COURT OF ALLAHABAD
Decided on July 10,2014

SHERA Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

Ran Vijai Singh, J. - (1.) HEARD Sri K.P. Singh Kaushal, learned Counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Arun Kumar Srivastava, learned Counsel for the gaon sabha. This writ petition has been filed for issuing a writ of certiorari quashing the order dated 7.8.2006 passed by Sub -Divisional Officer, Tehsil Chandpur, District Bijnore.
(2.) IT is contended by the learned Counsel for the petitioner that the aforesaid order has been passed without affording an opportunity of hearing before passing the impugned order. Learned standing Counsel as well as Counsel for the gaon sabha state that the petitioner is the asami lease holder, therefore, no infirmity can be attached to +he impugned order and further, the petitioner has got an alternative remedy of revision, therefore, the writ petition deserves to be dismissed on the ground of alternative remedy.
(3.) THE Apex Court in Whirlpool Corporation v. Registrar of Trade Marks, : 1998 (8) SCC 1 has held that in case the order is without jurisdiction or the same has been passed in breach of principles of natural justice, the writ petition should not be thrown on the ground of alternative remedy, therefore, the writ petition is entertained.;


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