Kauleshwar v. The State of U.P. and 2 Others

Court No. - 47 Case :- WRIT - C No. - 41164 of 2023 Petitioner :- Kauleshwar Respondent :- The State Of U.P. And 2 Others Counsel for Petitioner :- Ajit Singh Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi Hon'ble Manish Kumar Nigam,J.

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

¶2The instant petition has been filed seeking following relief :- "Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated

13.09.2023 passed by the Sub-Divisional Magistrate, Machchalishahar District Jaunpur whereby the representation of the petitioner dated 06.06.2023 has been disposed of and a direction has been given to the petitioner to do pairvi in the Civil Suit no. 284 of 2015 pending in Civil Court District Jaunpur and claim his benefit, by not complying with the order of this Hon'ble Court dated 09.02.2021 passed in Civil Misc. Writ Petition No.1986 of 2021 (Kauleshwar Versus State of U.P. and others) as well as by completely ignoring the entire evidence on record, a copy whereof is contained in Annexure-1 to the writ petition."

¶3It has been contended by learned counsel for the petitioner that there is a serious disputed question of facts as to the construction of khadanja.

¶4Learned Standing Counsel has raised a preliminary objection and submits that U.P. Revenue Code, is a complete code and in view of the judgment of this Court passed in Public Interest Litigation (PIL) No.2117 of 2023 (Kanhaiya Lal vs. State of U.P. and 14 others), decided on

27.9.2023, petitioner can avail the remedy provided under the U.P. Revenue Code, 2006.

¶5In view of the same, this Court is 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 :- 30.11.2023 Rishabh [Manish Kumar Nigam, J.] High Court of Judicature at Allahabad