Dinesh Kumar v. State of U.P. and 23 Others

Court No. - 47 Case :- WRIT - C No. - 39665 of 2023 Petitioner :- Dinesh Kumar Respondent :- State Of U.P. And 23 Others Counsel for Petitioner :- Ramesh Kumar Panday Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.

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

¶2The present writ petition has been filed for following relief: "i. issue a writ, order or direction in the nature of Mandamus directing the Respondent No. 2&3 to take appropriate action upon the application of the Petitioner dated 16.08.2023 within some stipulated period (Annexure No. 5 & 6 to the writ petition)."

¶3Contention of learned counsel for the petitioner is that despite interim order granted in proceedings under Section 116 of U.P. Revenue Code, 2006, the respondents are violating the same and in this regard the petitioner has given application for compliance of the order.

¶4Learned Standing Counsel has raised a preliminary objection that provisions of C.P.C. are applicable to proceedings under Section 116 of U.P. Revenue Code, 2006 and the petitioner has an alternative remedy of filing an application under Order 39 Rule 2A of the C.P.C.

¶5In view of the above, I am not inclined to interfere in the matter.

¶6Accordingly, the writ petition is dismissed with liberty to the petitioner to avail the remedy as available to him under the law. Order Date :- 24.11.2023 Nitika Sri. (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad