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2025 DAILYLAW 47551 (ALL)

DEEP KUMAR AND ANOTHER v. STATE OF U.P. AND 8 OTHERS

WRIC/12438/2025 · 2025-04-23

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:62378 Court No. - 35 Case :- WRIT - C No. - 12438 of 2025 Petitioner :- Deep Kumar And Another Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Puneet Bhadauria,Vishal Mishra Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Learned counsel for the petitioners is permitted to amend the prayer clause of the writ petition, during the course of the day. 2. Heard learned counsel for the parties and perused the record. 3. This writ petition has been filed for the following reliefs: "I. Issue a writ or direction in the nature of certiorari to quash the order dated 27/03/2025 passed by respondent no. 3, whereby application of the petitioner under section 134 of the Code has been rejected by the Sub District Magistrate, District Kannauj on the ground that petitioner should approach the proceeding as contemplated under section 134 of the Code for ejectment of persons occupied land without title; II. Issue a writ or direction in the nature of mandamus commanding to the respondent no. 3 to take action under section 24 of the Code, on his own motion, as expeditiously as may be possible on day to day basis and demarcate the boundaries as per the survey map;" 4. A preliminary objection has been raised by learned Standing Counsel that against the order dated 27.03.2025 passed under Section 134 of the U.P. Revenue Code, 2006, the petitioners have alternative remedy of filing an appeal. 5. In view of 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 remedy as available to them under law. Order Date :- 24.4.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad