Ismail vs State Of Up And 2 Others
2024 Latest Caselaw 17143 ALL

Allahabad High Court

Ismail vs State Of Up And 2 Others on 14 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:89036
 
Court No. - 49
 

 
Case :- WRIT - C No. - 15983 of 2024
 
Petitioner :- Ismail
 
Respondent :- State Of Up And 2 Others
 
Counsel for Petitioner :- Gautam,Ishwar Chandra Tyagi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. Heard learned Counsel for the parties and perused the record.

2. The instant petition has been filed for the following relief :

"To issue a writ or direction in the nature of Mandamus commanding/directing the Respondent no.3 t make measurement of Khasra No.371, 381, 385 of Waqf no. 58 situated at village and Tehsil Chhata, District - Mathura and the possession thereof may be given to the petitioner."

3. Learned Standing Counsel has raised a preliminary objection that petitioner has an alternative remedy to approach appropriate authority by moving an application under Section 24 of the Uttar Pradesh Revenue Code, 2006 in view of the judgments passed by this Court in case of Jahar Singh v. State of U.P. reported in 2017(4) ADJ 619 as well as in Kanhaiya Lal Vs. State of U.P. and others reported in 2023 (12) ADJ 226.

4. Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition.

5. In case, the petitioner moves an application under Section 24 of Uttar Pradesh Revenue Code, 2006, before appropriate authority, the same shall be decided after hearing all the concerned parties in accordance with law.

6. Accordingly, the writ petition is disposed of.

Order Date :- 14.5.2024

Rishabh

[Manish Kumar Nigam, J.]