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2025 DAILYLAW 77473 (ALL)

SUNIL KUMAR SINGH AND 10 OTHERS v. State of UP AND 4 OTHERS

WRIC/23840/2024 · 2025-01-24

Brij Raj Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12562 Court No. - 34 Case :- WRIT - C No. - 23840 of 2024 Petitioner :- Sunil Kumar Singh And 10 Others Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Diwakar Prasad Tiwari,Ramesh Chandra Tiwari Counsel for Respondent :- C.S.C.,Pradeep Singh Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioners, Shri Abhishek Shukla, learned Additional Chief Standing Counsel for the State respondent Nos.1 to 3 and Shri Pradeep Singh, learned counsel for respondent no.6. This writ petition has been filed with the following prayers: "(i). issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 09.10.2023 passed by Commissioner, Vindhyachal Division, Vindhyachal (respondent no.2) as well as order dated 11.12.2012 passed by Sub Divisional Magistrate, Sadar, District Sonbhadra (respondent no.3) (Annexures 1 and 2 to the writ petition)." Iii). issue a writ, order or direction in the nature of mandamus directing the respondents not to dispossess the petitioners over the land in dispute." After arguing at some length, learned counsel for the petitioners has fairly admitted that rights of the petitioners can be ascertained in the proceedings under Section 144 of U.P. Revenue Code, 2006. He has further submitted that petitioners are ready to file a declaratory suit under Section 144 of U.P. Revenue Code, 2006 but the observations made by the two courts below may not come in the way of the petitioners' claim. At this juncture, learned Additional Chief Standing Counsel has submitted that writ petition is not maintainable in view of the judgment passed in Writ C No.21993 of 2022 (Alladin vs. State of U.P. and 12 others). He has further submitted that petitioners have an alternative remedy to file a suit for declaration of rights under section 144 of the U.P. Revenue Code, 2006. The writ petition is, accordingly, disposed of with liberty to the petitioners to avail remedy as provided under Section 144 of U.P. Revenue Code, 2006. However, it is made clear that the competent authority before whom the declaratory suit if any, is filed under Section 144 of U.P. Revenue Code, 2006, will not be influenced in any manner by the observations made by the two courts below in the present proceedings. Order Date :- 24.1.2025/Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad