Lakh Patti Devi Vs State of U.P. and 5 Others

Court No. - 74

Case :- WRIT - C No. - 22079 of 2020

Petitioner :- Lakh Patti Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ram Sewak Counsel for Respondent :- C.S.C.

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Hon'ble Ajit Kumar,J.

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Heard Sri Ram Sewak, learned counsel for the petitioner, Sri Bhupendra Kumar Tripathi, learned counsel for the Gaon Sabha and the learned standing counsel for the State respondent.

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By means of this petition under Article 226 of the Constitution, the petitioner has prayed for following relief no. (i) as substantial relief:-

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"(i) Issue a writ order or direction in the nature of mandamus directing the respondent no. 3 Sub Divisional Magistrate Handia District Prayagraj evict the land in disputed from illegal possession of bad elements person in pursuance of report dated 17.2.2020 submitted by authority concerned in comply of order of (SDM) Annexure no. 8 to this writ petition."

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Learned Standing Counsel submits that the petitioner has an adequate efficacious alternative remedy to move appropriate application under Section 67 of the U.P. Revenue Code, 2006.

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In view of the above, liberty is given to the petitioner to approach the appropriate forum by moving appropriate application under Section 67 read with Section 25 of the U.P. Revenue Code, 2006, if it is applicable. In the event the application under Section 67 of the U.P. Revenue Code, 2006 is filed, the same shall be considered and decided strictly in accordance with law within the stipulated period of time prescribed for under the Rules.

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Subject to aforesaid liberty and direction, the writ petition is consigned to record at this stage.

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The copy of the order available on official website of this Court shall be treated to be genuine one, however, as and when the certified copy of the order is issued, the same shall also be submitted before the competent authority.

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Order Date :- 15.12.2020 Arif

Lakh Patti Devi v. State of U.P. and 5 Others

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Lakh Patti Devi v. State of U.P. and 5 Others

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