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Judgment
The challenge in the present writ appeal is to an order dated 19th October, 2016 passed by the learned Single Judge dismissing the Appellant’s W.P.(C) No.17796 of 2016 on the ground that there was an alternative efficacious statutory remedy of an appeal against the order dated 23rd July 2016, passed by the Tahasildar, Aul dropping the proceedings in view of the pendency of a civil suit being C.S. No.10/2016 in the Civil Court.
Having heard learned counsel for both the parties, the Court is satisfied that the aforementioned order dated 23rd July, 2016 of the Tahasildar is in fact an appealable one under Rule-92 of the Mutation Manual.
The Court accordingly finds no error having been committed by the learned Single Judge which requires interference of this Court. The writ appeal is accordingly dismissed.
If the appeal is filed not later than 4th January, 2023 then the explanation offered for the delay on account of the pendency of the writ petition as well as the writ appeal, will be taken into account to the Appellate Authority in accordance with law.
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