Shyam Lal v. State of U.P. and 12 Others

Court No. - 47 Case :- WRIT - C No. - 42469 of 2023 Petitioner :- Shyam Lal Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Vinod Kr Pandey Counsel for Respondent :- C.S.C.,Pradeep Singh Hon'ble Manish Kumar Nigam,J.

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

¶2This writ petition has been filed for following relief: "1. a writ, order or direction in the nature of mandamus directing the respondents/authorities to decide the representation/complaint dated 11.11.2023 moved by petitioner before respondent no. 2 and 3, in respect of plot no. 110, situated at Village-Kothara, Tehsil-Aurai, District-Bhadohi.

¶2A writ or direction in the nature of mandamus directing the respondents/authorities not to dispossess the petitioner from land in question in view of judgment and decree passed by learned civil court and order passed by consolidation authorities dated

06.09.1980 and 10.11.1971 respectively."

¶3Contention of the learned counsel for the petitioner is that bhumidhari land of the petitioner is being interfered by the opposite party nos. 6 to 12 for which the petitioner has moved an application before respondents and instead of helping the petitioner, the respondents are helping the opposite side.

¶4Learned Standing Counsel raised a preliminary objection that the petitioner has an alternative remedy under U.P. Revenue Code, 2006. Revenue Code is a complete code in view of judgment of this Court passed in Public Interest Litigation (PIL) No. 2117 of 2023 (Kanhaiya Lal v. State of U.P. and others) on

27.09.2023.

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

¶6Accordingly, the writ petition is dismissed with liberty to the petitioner to avail the alternative remedy as available to him under law. Order Date :- 8.12.2023 Ved Prakash (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad