OM PRAKASH AND 6 OTHERS v. STATE OF U.P. AND 15 OTHERS
WRIC/4535/2025 · 2025-02-17
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16727 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16727 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:22953 Court No. - 34 Case :- WRIT - C No. - 4535 of 2025 Petitioner :- Om Prakash And 6 Others Respondent :- State Of U.P. And 15 Others Counsel for Petitioner :- Ghan Shyam Yadav,Sonu Kumar Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta,Ram Mani Upadhyay 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 the following reliefs:-
"I Issue a writ, order or direction in the nature of certiorari to quashing the impugned and orders dated 13.01.2025 passed by the Learned Commissioner Basti, Division Basti/ respondent no. 2 in case no. 120 of 2023 computerized case no. C202317000000120 ( Om Prakash and others Versus Rajman and others) under section 207 of Revenue U.P. Code 2006 (Annexure no. 1 to this writ petition) and the impugned order dated 01.02.2023 passed by the Sub Divisional Magistrate Mehdawal District Sant Kabir Nagar in case no. 01057 of 2021 Computerized case no. T202117650301057 ( Rajman Versus Prakash and others) under section 116 of U.P. Revenue Code 2006, (annexure no. 2 to this writ petition ) II Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to maintain the status quo on spot over the suit property."
3. From the perusal of the writ petition, it is clear that present writ petition has been filed against an order passed under Section 207 of U.P. Revenue Code, 2006 in proceedings arising out of Section 116 of the U.P. Revenue Code, 2006.
4. Learned Standing Counsel has raised a preliminary objection that the order impugned is appeallable and the petitioners have alternative remedy of filing second appeal under the provisions of U.P. Revenue Code, 2006.
5. In view of the availability of alternative remedy, I am not
inclined to interfere in the matter.
6. Accordingly, the writ petition is disposed of with liberty to the petitioners to avail the alternative remedy as available to them under law.
7. Office is directed to return the certified copies of the documents annexed with the petition to learned counsel for the petitioners after retaining photocopy of the same on record. Order Date :- 18.2.2025/Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad