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

Court No. - 47 Case :- WRIT - C No. - 32583 of 2023 Petitioner :- Gangaram And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Singh,Sukesh Kumar Counsel for Respondent :- C.S.C.,Arun Kumar Pandey Hon'ble Manish Kumar Nigam,J.

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

¶2The present petition has been filed for following prayer: "i). Issue a writ, order or direction in the nature of certiorari quashing the impugned judgment and order dated 31.05.2023, (Annexure No. 5), Passed by Commissioner Moradabad Division Moradabad/(Respondent No. 2), and judgment and order dated

06.04.2023 (Annexure No. 2) passed by Assistant Collector/Sub Division Magistrate, Tehsil Chandpur, District Bijnor/(Respondent No. 3), to this writ petition.

ii) Issue a writ order or direction in the nature of mandamus commanding to respondents to stay the effect and operation of impugned orders or direction in the nature of certiorari quashing the judgment and order dated 31.05.2023, (Annexure No. 4), Passed by Commissioner Moradabad Division Moradabad/(Respondent No. 2), and judgment and order dated 06.04.2023 (Annexure No. 3) passed by Assistant Collector/Sub Division Magistrate, Tehsil Chandpur, District Bijnor/(Respondent No. 3)."

¶3Learned Standing Counsel has raised a preliminary objection that the petitioner has an alternative remedy of filing revision under Section 210 of U.P. Revenue Code, 2006 in view of Section 38(4) of U.P. Revenue Code, 2006.

¶4Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition.

¶5Accordingly, the writ petition is dismissed with liberty to the petitioner to avail the alternative remedy as provided under U.P. Revenue Code, 2006. Order Date :- 20.11.2023 Ved Prakash (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad