Court dismissed the writ petition as not maintainable, holding that an effective alternative remedy under section 24 of U.P. Revenue Code, 2006 was available to the petitioner.
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Court No. - 38
Case :- WRIT - C No. - 27650 of 2021
Petitioner :- Mahendra Chauhan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gopal Das Srivastava,Anil Kumar Tiwari
Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
Heard Mr. Gopal Das Srivastava, learned counsel for petitioner and learned Standing Counsel for respondents.
Petitioner has filed present writ petition commanding respondent-4 to conduct spot inspection of Plot Nos. 123 and 124 situated in village Haraipur, Jaunpur in accordance with revenue record and village map, pursuant to direction dated 1.3.2021.
At the very outset, learned Standing Counsel raised a preliminary objection regarding maintainability of present writ petition.
Learned Standing Counsel submits that remedy of petitioner is to file an application under section 24 of U.P. Revenue Code, 2006. Since effective and efficacious alternative remedy is available to petitioner, therefore, present writ petition is liable to be dismissed as not maintainable.
When confronted with above, learned counsel for petitioner could not over come the same.
In view of above, present petition fails and is liable to be dismissed.
It is accordingly dismissed, on the ground of alternative remedy.
Order Date :- 2.11.2021 Arshad
Mahendra Chauhan
State Of U.P.
Rajeev Misra
As recorded by the court registry
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