Gyandendra Tiwari vs State Of U.P And 7 Others
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Allahabad High Court

Gyandendra Tiwari vs State Of U.P And 7 Others on 29 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:98233
 
Court No. - 49
 

 
Case :- WRIT - C No. - 18650 of 2024
 

 
Petitioner :- Gyandendra Tiwari
 
Respondent :- State Of U.P And 7 Others
 
Counsel for Petitioner :- Om Prakash Mishra,Suraj Mishra
 
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 commanding and directing the respondent No. 1 i.e. District Magistrate/ Collector, Sant Ravidas Nagar, Bhadohi to initiate action Section 67 of U.P. Revenue Code for eviction of respondent Nos. 4 to 8 from the land of Arazi No. 126 area 0.420 hectare situated in revenue Village Kandui Pargana and Tehsil Bhadohi, District Sant Ravidas Nagar, Bhadohi."

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 67 of the Uttar Pradesh Revenue Code, 2006 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 67 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 :- 29.5.2024

Nitika Sri.

(Manish Kumar Nigam,J.)