- Court
- High Court of Judicature at Allahabad
- Decided
- 6 November 2023
- Case no.
- WRIC 38412/2023
Judgment
Court No. - 47 Case :- WRIT - C No. - 38412 of 2023 Petitioner :- Shyam Sunder Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prakash Chandra Shukla,Ramendra Shukla Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Manish Kumar Nigam,J.
¶1Heard learned counsel for the parties and perused the record.
¶2The instant petition has been filed seeking following relief :- "i) Issue a writ, order or direction in the nature of Certiorari to quash the judgment and order dated 19.10.2020 passed by Upziladhikari Kasya, Kushinagar in Case No.05162/2019, Computer Case No.T201905440405162, Lekhpal Report vs. Gaon Sabha (Annexure No.4 to the writ petition).
ii) Issue a writ, order or direction in the nature of Certiorari to quash the judgment and order dated 11.08.2023 passed by Sri Anuj Malik Additional Commissioner (Judicial) IIIrd, Gorakhpur Mandal, Gorakhpur in Appeal No. 01267/2020 Computer No.C202005000001267, Shyam Sunder Singh vs. Upziladhikari, Kasya District Kushinagar and another (Annexure No.6 to the writ petition).
iii) Issue a writ, order or direction in the nature of Mandamus directing the respondents not to evict, dispossess and demolish the house of petitioner from the disputed land gata no. 169 area 0.243 hectare in which the petitioner is in possession of 10 decimal area and house is constructed; so that justice may be done."
¶3A preliminary objection has been raised by learned Standing Counsel that against the appellate order dated 11.8.2023 passed in proceedings u/s 38 of the U.P. Revenue Code, 2006, petitioner has an alternative remedy of filing an appeal in view of Section 38(4) of the U.P. Revenue Code, 2006.
¶4In view of the same, this Court is not inclined to interfere with the matter. However, petitioner is at liberty to avail alternative remedy as provided to him under the law.
¶5With these observations, the writ petition stands disposed of. Order Date :- 7.11.2023 Rishabh [Manish Kumar Nigam, J.] High Court of Judicature at Allahabad
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