Rampati And 6 Others vs State Of Up And 11 Others
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Allahabad High Court

Rampati And 6 Others vs State Of Up And 11 Others on 23 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:94714
 
Court No. - 49
 

 
Case :- WRIT - C No. - 17746 of 2024
 

 
Petitioner :- Rampati And 6 Others
 
Respondent :- State Of Up And 11 Others
 
Counsel for Petitioner :- Prahlad Kumar Bhardwaj
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Kumar Nigam,J.
 

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

2. This writ petition has been filed for following relief:-

"i. Issue, a writ order or direction in the nature of Mandamus directing the Respondent authorities to provide the possession to the petitioners over the land being Araji No. 45 measuring area 0.100 hectare in the year 2003 which was approved by the Sub Divisional Officer, Lalganj, District Azamgarh forthwith and to take the strict action against them in accordance with law."

3. A preliminary objection has been raised by learned Standing Counsel that in view of the judgment passed by this Court in Jahar Singh v. State of U.P. reported in 2017(4) ADJ 619 as well as in Kanhaiya Lal v. State of U.P. and others reported in 2023 (12) ADJ 226, the petitioner has remedy of filing an application under Section 129 of the U.P. Revenue Code, 2006.

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 129 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. With the aforesaid observation, the petition is disposed of.

Order Date :- 23.5.2024

Nitika Sri.

(Manish Kumar Nigam, J.)