ANIL KUMAR AND ANOTHER v. State of UP AND 4 OTHERS
WRIC/38262/2024 · 2025-07-15
S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 107657 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 107657 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:115345 Court No. - 35 Case :- WRIT - C No. - 38262 of 2024 Petitioner :- Anil Kumar And Another Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Manish Yadav Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Manish Yadav, learned counsel for the petitioners and Sri Awadhesh Kumar Patel, learned Standing Counsel for the State-respondents.
2. By means of the present writ petition, the petitioners have prayed for a writ in the nature of mandamus directing the Sub Divisional Officer, Meja, District- Prayagraj to evict the respondent no.5 from arazi having Gata No.159M area 3.149 hectare, situated at Village Uman Meja, Tehsil- Meja, District- Prayagraj.
3. The contention of the learned counsel for the petitioners is that the respondent no.5 is in illegal occupation of the aforesaid plot although she has lost the case from the court of learned Additional Commissioner (First), Prayagraj Division, Prayagraj, having Case No.274 of 2022 (Smt. Prabhavati Devi versus Smt. Tara Devi and others) under Section 24(4) of the U.P. Revenue Code, 2006.
4. Learned Standing Counsel appearing on behalf of the State- respondents has opposed the present writ petition on the ground that regarding the relief as prayed for in the instant writ petition, the petitioners have statutory remedy available under Section 134 of the U.P. Revenue Code, 2006 wherein they may seek eviction of
the respondent no.5 in accordance with law.
5. Confronted with the aforesaid objection, the learned counsel for the petitioners prayed that he may be permitted to withdraw the present writ petition with liberty to the petitioner to avail the statutory remedy available under the relevant provisions of U.P. Revenue Code, 2006.
6. The aforesaid prayer made by the learned counsel for the petitioner to withdraw the writ petition is allowed.
7. Accordingly, the present writ petition is dismissed as withdrawn with the liberty to the petitioner to seek remedy under the relevant provisions of U.P. Revenue Code, 2006, in accordance with law. Order Date :- 16.7.2025 Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad