Darasingh Nishad v. State of U.P. and 8 Others

Court No. - 47 Case :- WRIT - C No. - 37340 of 2023 Petitioner :- Darasingh Nishad Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Pramod Kumar Sahani Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Manish Kumar Nigam,J.

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

¶2This writ petition has been filed for following relief: "i) Issue a writ order or direction in the nature of mandamus direct the respondent no. 4 and 5 to vacate the land of Khalihan i.e. Gata No. 267 situated at Village-Koilikha, Tehsil-Gola, District-Gorakhpur in pursuance to the order dated

06.02.2020 passed by respondent no. 5, under Section 67 of U.P. Revenue Code, 2006."

¶3A preliminary objection has been raised by learned Standing Counsel for the State that the writ petition is not maintainable for execution of orders passed by the Revenue Court in view of the judgment of Division Bench of this Court in case of Manbhavati Vs. State of U.P. and others reported in 2020 1 AWC 789A and Writ C No. 7863 of 2018 (Brij Bhushan Rai v. State of U.P. and 6 others).

¶4Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition.

¶5Accordingly, the writ petition is dismissed with liberty to the petitioner to pursue the remedy as available to him under law. Order Date :- 30.10.2023 Nitika Sri. (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad