Abdul Gaffar and 2 Others v. State of U.P. and 10 Others

Court No. - 47 Case :- WRIT - C No. - 36710 of 2023 Petitioner :- Abdul Gaffar And 2 Others Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Mohd. Ayub Counsel for Respondent :- C.S.C.,Azad Rai Hon'ble Manish Kumar Nigam,J.

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

¶2The present writ petition has been filed seeking following main relief :- "i) To issue writ order or direction in the nature of certiorari quashing the impugned order dated

18.06.2022 passed by UP Zila Adhikari (Judicial) Sirathu District Kaushambi in case no. RST 1202/2021 (Computerized no. T202102420401202) (Abdul Gaffar & Ors. v/s Abrar Ahmad & Ors.) under Section 24 of Revenue Code, 2006 (contained as Annexure No.8) to this writ petition."

ii) To issue writ order or direction in the nature of Mandamus directing the respondent no.1 Collector Kaushambi to decide the representation dated 12.08.2022 accordance with law."

¶3Contention of learned counsel for the petitioners is that the earlier order dated 16.4.2022 was passed by the S.D.M. Sirathu - respondent No.2 in proceedings u/s 24 of the U.P. Revenue Code, 2006 which has been recalled by the order impugned on an application, moved by the respondents.

¶4Learned Standing Counsel has raised a preliminary objection that the petitioners have an alternative remedy of filing a revision against the aforesaid order u/s 210 of the U.P. Revenue Code, 2006.

¶5Since the petitioners have an alternative remedy, this Court is not inclined to interfere with the matter. However, petitioners are at liberty to avail the alternative remedy, available to them, under the law.

¶6With the aforesaid direction, the writ petition stands disposed of. Order Date :- 26.10.2023 Rishabh [Manish Kumar Nigam, J.] High Court of Judicature at Allahabad