Khayazuddin Alias Phayazuddin v. State of Uttar Pradesh and 2 Others

Court No. - 47 Case :- WRIT - C No. - 38072 of 2023 Petitioner :- Khayazuddin Alias Phayazuddin Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Chandra Bhushan Singh,Punita Singh Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Manish Kumar Nigam,J.

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

¶2This writ petition has been filed for the following relief:- "(I). Issue a writ order, rule or direction in the nature of certiorari quashing the impugned order of Assistant Collector, First/Tehsildar (Judicial), Tehsil Khurja, District Bulandshahar, respondent no.2, dated 22.07.2023 (Annexure '6' o the Writ Petition).

(II). Issue a writ, order, rule or direction in the nature of mandamus directing the respondents not to interfere in the peaceful possession and use of the petitioner over the Plot No. Old 658 New No.1279 (area 140 sq. yard) purchased by him through registered sale deed dated 09.09.2010, from its owner in possession."

¶3Learned Standing Counsel has raised a preliminary objection that against the order passed under Section 67 of the U.P. Revenue Code, 2006, petitioner has an alternative remedy of filling an appeal.

¶4In view of the above, I am not inclined to entertain the instant petition.

¶5Accordingly, the writ petition is dismissed with liberty to the petitioner to avail an alternative remedy as provided under Section 67(5) of the U.P. Revenue Code, 2006. Order Date :- 3.11.2023 Mini (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad