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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 23196 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Counter affidavit filed on behalf of respondent no.6 today in Court, is taken on record.
2. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
3. The petitioner by means of the present writ petition has prayed for the following relief:-
" (i) issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 30.05.2025 passed by Sub Divisional Magistrate, Tehsil Sadar, District- Hathras as well as report dated 29.05.2025 issued by Tehsildar, Tehsil-Sadar, District- Hathras alongwith income certificate bearing No. 133241008612 dated 11.04.2024; (ii) issue a writ, order or direction in the nature of Mandamus directing the Sub Divisional Magistrate, Tehsil Sadar, District Hathras to cancel the income certificate bearing No. 133241008612 dated 11.04.2024 on the basis of report dated 28.04.2025; (iii) issue any other suitable order or direction, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case; (iv) award cost to the petitioner." Versus Counsel for Petitioner(s) : Krishna Bali Sharma, Sharad Shekhar Sharma, Sharadey Mishra Counsel for Respondent(s) : C.S.C., Lal Ji Pandey Hema Harikishan .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
3. A preliminary objection has been raised by the learned counsel for the respondents that against the impugned order dated 30.05.2025 passed by the Sub Divisional Magistrate, Tehsil-Sadar, District-Hathras, the petitioner has a statutory alternative remedy of filing appeal under Section 6 of the Uttar Pradesh Janhit Guarantee Act, 2011.
4. Since, there is a statutory alternative remedy of filing appeal against the impugned order, therefore, this Court is not inclined to entertain the writ petition.
5. Accordingly, the writ petition is dismissed on the ground of alternative remedy. 6.. However, if petitioner prefers any appeal against the impugned order within a period of one month from today, the Appellate Authority shall decide the same on merit without entering into the question of limitation. October 17, 2025 NS WRIC No. 23196 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad