Jaihind Kumar v. State of U.P. and 5 Others

Court No. - 47 Case :- WRIT - C No. - 39436 of 2023 Petitioner :- Jaihind Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- R. A. Ram,Vinay Kumar Bharti Counsel for Respondent :- C.S.C. 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 :- "i) Issue a writ, order or direction in the nature of mandamus commanding the respondent No.2 and 3 take coercive action under section 67 of U.P. Revenue Code-2006 against the respondent No.6.

ii) To decide the representation dated 22.06.2023 of the petitioner within stipulated time, which is pending before the respondent No.2 and 3.

iii) Issue a writ, order or direction in the nature of mandamus commanding the respondent No.2 to decide the case No.2610/2023 as well as computerized case No. D-202315060002610 (Jaihind Vs. Gaon Sabha) within stipulated period."

¶3A preliminary objection has been raised by learned Standing Counsel that the writ petition should not be entertained as the petitioner has an alternative remedy to move an appropriate application under Section 67(1) of the U.P. Revenue Code, 2006 in view of the judgment passed in Jahar Singh v. State of U.P. reported in 2017(4) ADJ 619 and in Public Interest Litigation (PIL) No.2117 of 2023 (Kanhaiya Lal vs. State of U.P. and 14 others), decided on 27.9.2023.

¶4In view of the above, this Court is not inclined to interfere in the matter.

¶5Accordingly, the writ petition is dismissed. However, petitioner is at liberty to to approach the competent authority by moving an appropriate application u/s 67 of U.P. Revenue Code, 2006 for redressal of his grievances. Order Date :- 1.12.2023 Rishabh [Manish Kumar Nigam, J.] High Court of Judicature at Allahabad