Ram Nivas v. State of U.P. and 4 Others

Court No. - 51 Case :- WRIT - C No. - 38642 of 2023 Petitioner :- Ram Nivas Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Babu Lal Ram,Manoj Kumar Yadav Counsel for Respondent :- C.S.C.,Achal Singh,Bhupendra Kumar Tripathi,Rituraj Singh Hon'ble Chandra Kumar Rai,J.

¶1Heard Mr. Babu Lal Ram, Counsel for the petitioner, Mr. Abhishek Shukla, learned Standing Counsel for the State-respondents, Mr. Bhupendra Kumar Tripathi, Counsel for respondent no.4, Gaon Sabha and Mr. Ambuj Srivastava holding brief of Mr. Achal Singh, Counsel for respondent no.5.

¶2The instant writ petition has been filed for the following reliefs :- "(a) Issue a writ, order or direction in the nature of certiorari for quashing the order dated 14.9.2023 passed by respondent no.2 in case No. 6183 of 2023, computerized case No. T202314180406183 Chhanguri Devi Vs. Ram Nivas (Ram Vilas) under Section 207 of U.P. Revenue Code, 2006.

(b) Issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere in the peaceful possession of the petitioner over the Gata No. 1033 area 0.570 hectare (old Gata No. 72) situated at Village Kanni Post Rewsa Mauja Nai Kot Pargana Dhoos Tehsil Pt. Deen Dayal Upadhyay Nagar (Mughalsarai) District Chandauli."

¶3Learned Counsel appearing for the respondents has raised a preliminary objection that against the order dated 14.09.2023 passed in appeal against the petitioner, the petitioner has an alternative remedy of filing a revision under Section 210 of the U.P. Revenue Code, 2006.

¶4Since, the petitioner has an alternative remedy, I am not inclined to interfere in the matter.

¶5Accordingly, the writ petition is dismissed with liberty to the petitioner to pursue the remedy of revision as available to him under the U.P. Revenue Code, 2006. Order Date :- 5.12.2023/ Vandana Y. High Court of Judicature at Allahabad