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2025 DAILYLAW 69711 (ALL)

YASHPAL SINGH AND ANOTHER v. STATE OF U.P. AND 5 OTHERS

WRIC/20969/2025 · 2025-07-07

Mahesh Chandra Tripathi, Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107819-DB Court No. - 29 Case :- WRIT - C No. - 20969 of 2025 Petitioner :- Yashpal Singh And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Deepti Counsel for Respondent :- C.S.C.,Smt. Richa Dixita,Sudhir Dixit,Suresh Singh Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1.Heard Shri Sudhir Dixit, learned counsel for the petitioners; Shri F.A. Ansari, learned Standing Counsel for State respondents and Shri Suresh Singh, learned counsel for Yamuna Expressway Industrial Development Authority (in short "YEIDA"). 2. The instant writ petition has been preferred for a direction to respondent nos.5 and 6 to demarcate the land in question and to refrain them from taking illegal possession over the said land. 3. At the very outset, learned counsel for the respondents have raised a preliminary objection regarding the maintainability of the writ petition on the ground that for the relief claimed in the writ petition the petitioner has efficacious remedy to press the proceeding under Section 24 of the U.P. Revenue Code, 2006 (in short "Code"). Exhaustive procedure is provided in the Code as well as the U.P. Revenue Code Rules, 2016 (in short "Rules"). Without availing the said remedy, the petitioners have directly approached this Court and as such the instant writ petition is liable to be dismissed. 4. Considering the facts and circumstances of the case, without expressing any opinion on merits of the issue and in the interest of justice, the writ petition stands disposed of with observation that in case the petitioners move appropriate application ventilating their grievances under the relevant provisions of the Code/ Rules within two weeks, the same shall be considered and appropriate order shall be passed by the authority concerned in accordance with law expeditiously. Order Date :- 8.7.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad