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2025 DAILYLAW 129481 (ALL)

RAM TIRATH MISHRA AND 7 OTHERS v. STATE OF U.P. THRU. COLLECTOR., SULTANPUR AND OTHERS

WRIC/2801/2025 · 2025-03-24

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16756 Court No. - 7 Case :- WRIT - C No. - 2801 of 2025 Petitioner :- Ram Tirath Mishra And 7 Others Respondent :- State Of U.P. Thru. Collector., Sultanpur And Others Counsel for Petitioner :- Alok Srivastava Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the petitioners, Shri Hemant Kumar Pandey, learned Standing Counsel appearing for the State-respondents and Shri Mohan Singh, learned counsel for Gram Sabha. 2. The instant writ petition has been filed praying for following main reliefs: "(i). issue a writ In the nature of certiorari to set-aside/quash the impugned order dated- 24.01.2025, passed by the learned Commissioner, Ayodhya Mandal, Ayodhya (opposite party no.2), contained as Annexure No.1 to this petition. (ii). issue a writ, order or direction in the nature of mandamus, whereby command and direct the opposite parties to not disturb the peaceful possession over the land in dispute, which belongs to the petitioners' family, in the garb of order dated-24.01.2025, passed by the learned Commissioner, Ayodhya Mandal, Ayodhya (opposite party no.2)." 3. At the outset, Shri Hemant Kumar Pandey, learned Standing Counsel appearing for the State-respondents and Shri Mohan Singh, learned counsel for Gram Sabha stated that the order impugned is not liable to be interfered with by this Court in view of statutory remedy available under the statute itself i.e. U.P. Land Revenue Code, 1901 by way of revision. 4. The remedy available to the petitioners under the statute itself has not been disputed. 5. Taking note of the statutory remedy being available to the petitioner, this Court is not inclined to entertain the present petition. Accordingly, the instant petition is disposed of with the liberty to the petitioners to avail the remedy available under the statute itself. 6. In case, the petitioners avail the remedy as available under the statute, the same shall be decided, as per law, after affording full opportunity of hearing to the parties. 7. It is made clear that this Court has not gone into the merits of the claim set forth by the petitioners. Order Date :- 24.3.2025/Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench