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2025 DAILYLAW 49411 (ALL)

RAJENDRA SINGH v. STATE OF U.P. AND 4 OTHERS

WRIC/12852/2025 · 2025-05-04

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71079 Court No. - 35 Case :- WRIT - C No. - 12852 of 2025 Petitioner :- Rajendra Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shyam Shanker Pandey Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The present petition has been filed with the following prayer: "Issue a writ, order or direction in the nature of certioran quashing the order dated 07.11.2007 passed by respondent no.2, Additional Commissioner (Judicial), Saharanpur Mandal, Saharanpur in Appeal No.47/2006-07 (Rajendra Singh Vs. Shyam Singh and others) under section 331 U.P.Z.A. & L.R. Act as well as order dated 03.02.2007 passed by respondent no.3, Sub-Divisional Magistrate, Budhana, Muzaffar Nagar in Case No.5/2006 (Shyam Singh Vs. Rajendra Singh and others) under section 176 U.P.Z.A. & LR Act." 3.Learned Standing Counsel has raised a preliminary objection that the order passed in the year 2007 is being challenged in the present writ petition filed on 17.04.2025 and the explanation given by the petitioner in the writ petition is wholly inadequate. It has been further submitted by learned Standing Counsel that since the order under challenge is passed in appeal, the petitioner has an alternative remedy of filing second appeal against the order impugned. 4. Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition. 5. Accordingly, the petition is disposed of with liberty to the petitioner to avail the remedy as available to him under law. Order Date :- 5.5.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad