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2025 DAILYLAW 50925 (ALL)

BANKEY SINGH v. STATE OF UP AND 4 OTHERS

WRIC/14449/2025 · 2025-05-07

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74389 Court No. - 35 Case :- WRIT - C No. - 14449 of 2025 Petitioner :- Bankey Singh Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Mirtyunjay Kumar,Pt. Sita Ram Vishwakarma Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Case called out in the revised list. 2. None appears on behalf of the petitioner to press this petition. 3. Heard learned Standing Counsel for the State-respondents and perused the record. 4. The present petition has been filed for the following relief : "I. Issue a writ, order or direction in the nature of certiorari for quashing the impugned orders dated 21.02.2025 passed by respondent No. 3 in case No. 559 of 2019 and computer case No. C201903000000559 (Lakshman Singh- Vs- Bankey Singh) U/s-331(3) U.P. Z.A. & L.R. Act otherwise the petitioner would suffer. (Annexure No. 1 to the petition). II. Issue writ order or direction in the nature of mandamus that order dated 19.07.2018 passed by respondent No. 3 to restore and confirm in the ends of justice. III. Issue writ order or direction in the nature of mandamus commanding the respondents not to interfere in the peaceful possession of the petitioner over the property in question." 5. From perusal of the order impugned i.e. order dated 21.2.2025 passed by Addl. Commissioner, Kanpur it is apparent that an appeal filed by the respondent nos.4 and 5 has been allowed. 6. Learned Standing Counsel has raised a preliminary objection that against the order impugned, the petitioner has an alternative remedy of filing a second appeal or revision under the provisions of U.P. Revenue Code, 2006. 7. Since, the petitioner has an alternative remedy, I am not inclined to interfere in the matter. 8. The present petition is disposed of with liberty to petitioner to avail the remedy as available to him under the law. Order Date :- 8.5.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad