Syed Iqtedar Hussain (Died) and 9 Others v. State of U.P. and 4 Others

Court No. - 47 Case :- WRIT - C No. - 39306 of 2023 Petitioner :- Syed Iqtedar Hussain (Died) And 9 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shravan Kumar Mishra,Salma Bano Counsel for Respondent :- C.S.C,Azad Rai Hon'ble Manish Kumar Nigam,J.

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

¶2The writ petition has been filed for following relief: "a. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 23.8.2023 passed by the respondent no. 2 in Appeal No. 207/2022 computerized Case No. C-2022000000207 (Gaon Sabha/ Gram Panchayat Vs. Syed Iqtedar Hussain and others) under Section 207 of U.P. Revenue Code 2006. b) Issue a writ, order or direction in the nature of mandamus directing the contesting respondents to not changed the nature of the land till disposal of the present writ petition."

¶3The order impugned is an order passed in first appeal arising out of proceedings under Section 144 of the U.P. Revenue Code, 2006.

¶4A preliminary objection has been raised by learned counsel appearing for the respondents that against the order impugned, the petitioners have an alternative remedy of filing second appeal.

¶5Since the alternative remedy is available to the petitioner, I am not inclined to interfere in the matter.

¶6Accordingly, the petition is dismissed with liberty to the petitioners to avail the statutory alternative remedy as available to them. Order Date :- 23.11.2023 Nitika Sri. (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad