Dharmendra Kumar Bharati v. State of U.P. and 3 Others

Court No. - 47 Case :- WRIT - C No. - 37252 of 2023 Petitioner :- Dharmendra Kumar Bharati Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Kumar Chaurasia Counsel for Respondent :- CSC,Ashish Srivastava 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 relief :- "i) Issue a writ, order or direction in the nature of Ceritiorari for quashing the order dated

9.3.2023 passed by Sub-Divisional Magistrate, Tehsil - Salempur, District Droria (Annexure 10 of the writ petition).

ii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to restrain petitioner from sowing fish seeds in the pond or for fishing in the pond no. 100 area

1.060 hectare situated in Village - Sisaee, Post - Pipara Tappa Sathiawan P.S.M., Tehsil - Salempur, District - Deoria till the disposal of present writ petition before this Hon'ble Court.

iii) Issue a writ, order or direction in the nature of mandamus directing the respondents to issue R.C. Form No. 15 in favour of petitioner."

¶3Learned Standing Counsel has raised a preliminary objection that the petitioner has an alternative remedy of filing an appeal as well as of revision under provisions of the Uttar Pradesh Revenue Code, 2006.

¶4Since the petitioner has an alternative remedy, this Court is not inclined to entertain the instant petition.

¶5In view of the above, this writ petition stands disposed of with liberty to the petitioner to avail alternative remedy as provided to him under law. Order Date :- 30.10.2023 Rishabh [Manish Kumar Nigam, J.] High Court of Judicature at Allahabad