Sanjay v. State of U.P. and 3 Others

Court No. - 47 Case :- WRIT - C No. - 38724 of 2023 Petitioner :- Sanjay Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sufiya Bano,Mohd Akhtar Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi Hon'ble Manish Kumar Nigam,J.

¶1Heard learned counsel for the petitioner 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 for quashing the order dated

10.8.2023 passed by respondent no.2 in Case No.979 of 2014 (Sukhari vs. Shiv Prasad), under section 176 of U.P.Z.A. & L.R. Act, 1950 (contained as Annexure no.10 to this writ petition).

ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 not to proceed in pursuance of the order dated 10.8.2023 and the respondents may further be directed not to interfere in the peaceful possession of the petitioner on their share."

¶3Learned Standing Counsel has raised a preliminary objection that against the order passed in proceedings u/s 176 of the U.P.Z.A. & L.R. Act, 1950, the appeal is maintainable and, as such, the writ petition may not be entertained because of availability of alternative remedy under the Statute.

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

¶5Accordingly, this writ petition is dismissed with liberty to the petitioner to avail alternative remedy, available to him, under the law. Order Date :- 8.11.2023 Rishabh [Manish Kumar Nigam, J.] High Court of Judicature at Allahabad