Manoj Kumar v. State of U.P. and 4 Others

Court No. - 47 Case :- WRIT - C No. - 38924 of 2023 Petitioner :- Manoj Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dinesh Prasad Counsel for Respondent :- C.S.C.,Pradeep Singh Hon'ble Manish Kumar Nigam,J.

¶1Mr. Suresh Raj, S.D.M. Dudhi, Sonebhadra and Mr. Gaurav, Assitant Engineer, (KCD-1), Kanhar Construction Division First, Pipari, Sonebhadra have appeared in pursuance of order passed by this Court on 08.11.2023.

¶2Heard learned counsel for the parties and perused the record.

¶3The present petition has been filed with the following prayer: "i. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 28.06.2023 passed by Up Ziladhikari Dudhi, district - Sonebhadra (respondent no. 2) in Suit no. 00967/2019 in computerized suit no. T201916660200967 Manoj Kumar Vs Gram Panchayat under section 24 of Uttar Pradesh Revenue Code, 2006, regarding Araji No. 2181, 2186 ka, 2264 kha, 2187 situated in Gram Harnakachhar, Pargana & Tehsil-Dudhi, Sonebhadra. (Annexure No. 11 to this writ petition). ii. Issue a writ order or direction in the nature of mandamus commanding the respondents not to dispossess the petitioners over the Araji No. 2181, 2186 ka, 2264 kha, 2187 situated in Gram Harnakachhar, Pargana & Tehsil-Dudhi, Sonebhadra pursuant to the impugned orders."

¶4Learned Standing Counsel has raised a preliminary objection that the petitioner has an alternative remedy of filing appeal.

¶5Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition.

¶6However, in case, the petitioner files an appeal, before appropriate authority, the same shall be decided after hearing all the concerned parties in accordance with law, expeditiously, preferably within a period of three months from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment.

¶7With the aforesaid observation, the petition is disposed of. Order Date :- 20.11.2023 Ved Prakash (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad