MANIK CHANDRA UPADHYAY v. STATE OF U.P. AND 5 OTHERS
WRIC/42075/2024 · 2025-08-07
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 111721 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111721 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:134602 Court No. - 34 Case :- WRIT - C No. - 42075 of 2024 Petitioner :- Manik Chandra Upadhyay Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anurag Pathak,Harshit Pathak Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer;
"Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent No.2 District Magistrate /Collector to look in to the grievance of the petitioner and to restore possession of plot no; 401 in village Milkichak, Post-Gangapur, Pargana -Kaswaraja, Tehsil-Rajatalab, District Varanasi to him."
2. Petitioner contends that against the order passed in consolidation proceedings already a writ petition has been preferred by the petitioner, which is pending consideration before this Court being Civil Misc. Writ Petition No. 44200 of 1992 in which an interim order is in operation.
3. This Court finds that if petitioner is aggrieved by the action of the State he has a remedy to file contempt application before this Court or getting the writ petition decided, which is already pending before this Court. Present writ petition seeking direction upon the revenue authorities to hand over the possession of plot in question cannot be entertained as a writ petition regarding the dispute of aforesaid chak is already pending consideration before this Court.
4. Writ petition is misconceived and stands dismissed. Order Date :- 8.8.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad