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2025 DAILYLAW 6575 (ALL)

HARINATH v. STATE OF U.P. AND 5 OTHERS

WRIC/1067/2025 · 2025-01-16

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:7253 Court No. - 34 Case :- WRIT - C No. - 1067 of 2025 Petitioner :- Harinath Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ganesh Kumar Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta 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 : "A. Issue a writ, order or direction in the nature of certiorari for quashing the impugned order dated 27.11.2024 (Annexure No. 8) passed by the respondent no. 2/Commissioner, Basti Region Basti in Casae No. 1497 of 2024 (Harinath Vs. Nanhe and others) (Computerized Case No. C202417000001497) U/s 207, U.P. Revenue Code 2006. B. Issue a writ, order or direction in the nature of certiorari for quashing the impugned order dated 25.09.2024 No. 6) 3/Assistant passed by the (Annexure respondent no. Collector/Sub Magistrate, Harraiya, District District Basti in Casae No. 10317 of 2024 (Computerized Case No. T202417140110317) (Harinath Vs. Nanhe and others) U/s 209 (Ja), U.P. Revenue Code, 2006. C. Issue a writ, order or direction in the nature of Mandamus directing the respondent no. 5 not to disturb the physical possession of the petitioner over his share of the land in dispute during the pendency of the present writ petition before this Hon'ble Court." 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 :- 16.1.2025/S. Singh (Manish Kumar Nigam,J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad