Ram Bahadur v. State of U.P. and 10 Others

Court No. - 40 Case :- WRIT - C No. - 34861 of 2023 Petitioner :- Ram Bahadur Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Arun Kumar Shukla,Onkar Singh Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard learned counsel for the petitioner and Sri Rajmohan Upadhyay, learned Additional Chief Standing Counsel for the State-respondents.

¶2The present writ petition is preferred for a mandamus commanding the respondent Nos.2 to to take appropriate action against the private respondent Nos.6 to 11 and not to interfere in the peaceful possession of the petitioner.

¶3Learned Additional Chief Standing Counsel has raised preliminary objection regarding maintainability of the writ petition on two-fold submissions, firstly, the entire relief has been asked for against private respondent Nos.6 to 11 and secondly, in case any error which is apparent in the revenue records, the petitioner has got remedy to file an application under Section 38 of the U.P. Revenue Code, 2006. He submits that on the ground of efficacious remedy available to the petitioner, the writ petition is liable to be dismissed.

¶4Considering the facts and circumstances of the case, we are not inclined to entertain the writ petition. Needless to say, it is open to the petitioner to avail such remedy as may be available to him under law.

¶6With these observations, the writ petition is disposed of. Order Date :- 24.11.2023 NLY High Court of Judicature at Allahabad