Bhuri Devi v. State of U.P. and 6 Others

Court No. - 47 Case :- WRIT - C No. - 38402 of 2023 Petitioner :- Bhuri Devi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Bhanu Pratap Pal,Mohammad Fateh Counsel for Respondent :- CSC,Sher Bahadur Singh 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 mandamus directing the concerned respondent authority to evict the illegal encroachment/possession by the respondent No.6 and 7 over the Arazi No.127 area 2 Bigha which was allotted by the Government of India vide dated 18.01.1964 apart from other land of Gaon Sabha over the Gata No.127 area 2 Bigha situated at Village Jarainda, Pargana - Islamnagar, Tehsil - Bisauli, District - Budaun.

ii) Issue a writ, order or direction in the nature of mandamus directing the concerned respondent authority to take appropriate action over the grievance of petitioner in respect of Gata No.127 area 2 Bighas which is situated at Village - Jarainda, Pargana - Islamnagar, Tehsil - Bisauli, District - Budaun."

¶3A preliminary objection has been raised by learned Standing Counsel that petitioner has an alternative remedy available either u/s 129 or u/s 134 of the U.P. Revenue Code, 2006.

¶4In view of the same, this Court is not inclined to interfere with the matter.

¶5However, petitioner is at liberty to avail alternative remedy as provided to him under the law.

¶6With these observations, the writ petition stands disposed of. Order Date :- 7.11.2023 Rishabh [Manish Kumar Nigam, J.] High Court of Judicature at Allahabad