ISHWAR DEV AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIC/8823/2025 · 2025-04-15
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33201 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33201 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:55890 Court No. - 35 Case :- WRIT - C No. - 8823 of 2025 Petitioner :- Ishwar Dev And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- R.C. Maurya,Shamsher Bahadur Maurya Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard learned Counsel for the parties and perused the record.
3. The present petition has been filed for the following relief :
"I) Issue a writ, order or direction, in the nature impugned of certiorari order (Annexure No.1) No.2/Tehsildar dated quashing the 17/02/2025 passed by Respondent Judicial, District-Varanasi in Case No. Sadar, 3921/2024 (Computerized Case No. T202414700103921) (Lalli Devi Versus --) U/s 34/35 of U.P. Revenue Code, 2006. (II) Issue a writ, order of direction in the nature of mandamus commanding the respondents to not interfere in peaceful possession of the petitioners in respect to Arazi in question till disposal of the present writ petition."
4. Learned Standing Counsel has raised a preliminary objection that against the
order impugned, the petitioners have an alternative remedy of filing an appeal under the provisions of U.P. Revenue Code, 2006.
5. Since, the petitioners have an alternative remedy, I am not inclined to interfere in the matter.
6. The present petition is disposed of with liberty to petitioners to avail the remedy as available to them under the law.
7. Certified copy of the impugned order be returned to the learned counsel for the petitioners as per rule after retaining a photostat copy of the same on record.
Order Date :- 16.4.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad