Smt Champa Deceased And 201 Others vs State Of Up And 4 Others
2024 Latest Caselaw 19376 ALL

Allahabad High Court

Smt Champa Deceased And 201 Others vs State Of Up And 4 Others on 27 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?
 
Neutral Citation No. - 2024:AHC:96294
 
Court No. - 49
 
Case :- WRIT - C No. - 18177 of 2024
 
Petitioner :- Smt Champa Deceased And 201 Others
 
Respondent :- State Of Up And 4 Others
 
Counsel for Petitioner :- Pankaj Agarwal
 
Counsel for Respondent :- C.S.C.,Sunil Kumar Singh
 
Hon'ble Manish Kumar Nigam,J.
 

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

2. The present petition has been filed with the following prayer:

"i) to issue a writ, order or direction in the nature of mandamus commanding respondent authority to pass suitable order on the representation of the petitioners for mutating the name over the plot in question on the basis of patta granted in their favour dated 22.12.1998 as approved vide order dated 07.05.1999, the validity of which has also been uphled by this Hon'ble Court by its judgment and order dated 16.12.2022 passed by this Hon'ble Court in Writ-B No. 7900 of 2014, during the pendency of the instant writ petition before this Hon'ble Court."

3. Learned Standing Counsel has raised a preliminary objection that the petitioner has an alternative remedy to approach appropriate authority by moving an application under Section 35 of the Uttar Pradesh Revenue Code, 2006 for getting his name mutated in the revenue record on the basis of lease allegedly granted to the petitioner 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.

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 35 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 :- 27.5.2024

Arti

(Manish Kumar Nigam,J.)