Lalman Divedi and Another v. State of U.P. and 6 Others

Court No. - 47 Case :- WRIT - C No. - 29860 of 2023 Petitioner :- Lalman Divedi And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Kaushal Kishor Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.

¶1Heard learned Counsel for the parties and perused the record.

¶2The present writ petition has been filed for the following relief "i. Issue a writ, order or direction in the nature of Certiorari to quashing order dated

29.5.2023 passed by Tehsildar Maudaha, District Hamirpur in Restoration Application in Case No.T202007320501930, Ajay Singh Prahlad & others Vs. Rishiraj Dubey (Minor) and others. ii. Issue a writ, order or direction in the nature of mandamus commanding the respondents to Restored the aforesaid case as Original Number in Case No.T202007320501930, Ajay Singh Prahlad & others Vs. Rishiraj Dubey (Minor) and others."

¶3The contention of learned Counsel for the petitioner is that against the order dated 13.12.2021 passed by respondent no.2, petitioner filed a restoration application and the same has also been rejected by the order dated 29.5.2023.

¶4Learned Standing Counsel has raised a preliminary objection that the petitioner has an alternative remedy of filing appeal as well as revision against the order impugned.

¶5Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition.

¶6The writ petition is dismissed as withdrawn with liberty to the petitioner to pursue the remedy as available under the law. Order Date :- 17.10.2023 S. Singh High Court of Judicature at Allahabad