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2025 DAILYLAW 42366 (ALL)

SHIV MOHAN v. STATE OF U.P. AND 3 OTHERS

WRIC/12500/2025 · 2025-04-30

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68766 Court No. - 35 Case :- WRIT - C No. - 12500 of 2025 Petitioner :- Shiv Mohan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinod Kumar Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned Counsel for the parties and perused the record. 2. The present petition has been filed for the following relief : "i) Issue a writ order or direction in the nature of Certiorari quashing the impugned order dated 25.08.2023 passed by respondent no.2 in Case No. 00050 of 2020 "Computer Case No. C202002000000050" (Brijmohan and others Vs. Land Management Committee) u/s 207 U.P. Revenue Code 2006 and order dated 28.12.2019 passed by respondent no.3 in Case No. 267/2012-132/D/ 2012022500113 (Brijmohan and others Vs. Land Management Committee) u/s 229(B) U.P.Z.A. and L.R. Act 1950 (Annexure No.1 & 2 to the writ petition). ii) Issue a writ order or direction in the nature of Mandamus directing the respondents/concerned authorties to record the name of petitioner in the revenue record over the Gata No. 229 area about 0.0450 hectare, Gata No. 293 area about 0.0650 hectare, Gata No. 309 area about 0.6500 hectare, Gata No. 310 area about 0.1700 hectare, Gata No. 235/259 area about 0.0180 hectare situated at Village Devarimay Chak, Pargana & Tehsil Fatehpur, District Fatehpur within stipulated time." 3. Learned Standing Counsel has raised a preliminary objection that against the order impugned, the petitioner has an alternative remedy of filing a second appeal under the provisions of U.P. Revenue Code, 2006. 4. Since, the petitioner has an alternative remedy, I am not inclined to interfere in the matter. 5. The present petition is disposed of with liberty to petitioner to avail the remedy as available to him under the law. Order Date :- 1.5.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad