Ram Nivas v. State of U.P. and 4 Others

Court No. - 47 Case :- WRIT - C No. - 38643 of 2023 Petitioner :- Ram Nivas Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Babu Lal Ram,Manoj Kumar Yadav Counsel for Respondent :- C.S.C.,Achal Singh,Bhupendra Kumar Tripathi,Rituraj Singh Hon'ble Manish Kumar Nigam,J.

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

¶2This writ petition has been filed for the following relief :- "(a). Issue a writ, order or direction in the nature of Certiorari for quashing the order dated 14.09.2023 passed by the respondent no.2 in Case No.6182 of 2023 Computerized Case No.202314180406182, Chhanguri Devi Vs. Ram Nivas (Ram Vilas) under Section 207 of U.P. Revenue Code, 2006 (Contained as Annexure No.9) to this writ petition.

(b). Issue a writ, order or direction in the nature of Mandamus directing the respondents not to interfere in the peaceful possession of the petitioner over the Gata No.59 area 0.036 Hectare situated at Village Rewsa Post Janso Ki Madai, Pargana Barhuli, Tehsil Pt. Deen Dayal Upadhyay Nagar (Mughalsarai), District Chandauli."

¶3Learned Counsel appearing for the respondents has raised a preliminary objection that against the order dated 14.09.2023 passed in appeal against the petitioner, the petitioner has an alternative remedy of filing a revision under Section 210 of the U.P. Revenue Code, 2006.

¶4Since, the petitioner has an alternative remedy, I am not inclined to interfere in the matter.

¶5Accordingly, the writ petition is dismissed with liberty to the petitioner to pursue the remedy as available to him under the U.P. Revenue Code, 2006.

¶6This order is being passed in the presence of Sri Achal Singh, learned Counsel for the respondent no.5. Order Date :- 8.11.2023 S. Singh High Court of Judicature at Allahabad