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2025 DAILYLAW 11139 (ALL)

KAMLESH KUMAR v. STATE OF U.P. AND 2 OTHERS

WRIC/2418/2025 · 2025-02-11

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20066 Court No. - 34 Case :- WRIT - C No. - 2418 of 2025 Petitioner :- Kamlesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Rai,Satya Prakash Mishra Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Manish Kumar Nigam,J. 1. This petition has been filed for the following relief: "I. A writ, order or direction, in the nature of certiorari to quash the impugned order dated 05.02.2024 and 27.05.2024 passed by Respondent no.2 i.e. Assistant Collector/Tehsildar, Tehsil- Rajatalab, District- Varanasi. (Annexure no.3 & 6 to this writ petition). II. Issue a writ order in the nature of Mandamus Commanding and directing to the respondent no. 2 i.e. Assistant Collector/Tehsildar, Tehsil- Rajatalab, District- Varanasi not demolish the construction of petitioner situated over Arazi no. 697 and also not dispossess the petitioner from land dispute in pursuance of order dated 05.02.2024 and 27.05.2024." 2. Learned Standing Counsel raised a preliminary objection that against an order passed by the Tahsildar, in proceedings under Section 67 of the U.P. Revenue Code, 2006, a restoration application was filed by the petitioner and the same has also been dismissed by the order dated 27.05.2024. Learned Standing Counsel further submitted that the petitioner has alternative remedy of filing appeal against the orders impugned. 3. Since alternative remedy is available to the petitioner, I am not inclined to interfere with the matter. 4. Accordingly, the writ petition is disposed of with liberty to the petitioner to challenge the order impugned in appeal under Section 67(5) of the U.P. Revenue Code, 2006. Order Date :- 11.2.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad