SMT. KANCHAN DWIVEDI AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIC/21704/2025 · 2025-07-09
Mahesh Chandra Tripathi, Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 63746 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 63746 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:109555-DB Court No. - 29 Case :- WRIT - C No. - 21704 of 2025 Petitioner :- Smt. Kanchan Dwivedi And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Aashish Kumar,Junaid Ahamad,Manoj Kumar Verma,Milind Sen Bauddha Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J.
1. Heard Shri Manoj Kumar Verma, learned counsel for the petitioners and Shri Fuzail Ahmad Ansari, learned standing counsel for the State-respondents.
2. The instant writ petition has been filed inter-alia for the following relief:
"a) Issue a writ, order or direction in the nature of mandamus commanding and directing the Sub respondent no. 3/ District Magistrate Kushinagar and respondent no. 4 / Sub Divisional Magistrate Kasya District Kushingar to make measurement on spot after that take the land and fixing the point over the gatas nos. 1229, 1232 and 1233 situated at Village Bhaluhi Madari Patti ward no. 12 Beer Abdul Hamid Nagar post office Kasya District Kushingar (Annexure no. 3 to this writ petition) within time fixed by this Hon'ble Court. b) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 to consider and decide the representation dated 08.04.2025 (Annexure no. 3 to this writ petition ) within time fixed by this Hon'ble Court."
3. Learned counsel for the petitioners has confined his prayer only to the limited extent of seeking a direction for expeditious disposal of petitioners' representation dated 08.04.2025.
4. Per contra, Shri Fuzail Ahmad Ansari, learned Standing Counsel for the State-respondents, opposed the prayer and submitted that the petitioners have an efficacious alternative remedy available under the U.P. Revenue Code, 2006 read with the U.P. Revenue
Code Rules, 2016.
5. Considering the facts and circumstances of the case and without expressing any opinion on the merits of the claim of the petitioners, the writ petition is disposed of with the observation that, in case the petitioners approach the competent authority under the U.P. Revenue Code, 2006 for appropriate relief, the same shall be considered and decided expeditiously, strictly in accordance with law. Order Date :- 10.7.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad