One-paragraph order dismissing a writ petition seeking protection from land dispossession and a directed decision on a representation, held not maintainable as the alternative remedy under specific revenue code sections was available to the petitioners.
Writ petition dismissed on the ground of alternative remedy.
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Court No. - 89
Case :- WRIT - C No. - 9553 of 2021
Petitioner :- Piroo And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Uttar Kumar Goswami Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
Heard Mr. Uttar Kumar Goswami, learned counsel for petitioners, who is available on audio/video link. Learned Standing Counsel representing respondents 1, 2, 3 and 4 is also available.
No notice has been served upon learned counsel representing respondent-5.
Petitioners have filed present writ petition for following reliefs:
"(i) A writ order or direction in the nature of mandamus commanding and directing the respondent authorities not to interfere and dispossess to the petitioners over the land in question situated at Gram Panchayat Paigupura, Pargana Shahabad, Tehsil Shahabad, Distrcit Rampur in accordance with law.
(ii) A writ order or direction in the nature of mandamus commanding and directing the respondent no.3, District Rampur to decide the representation dated 03.02.2021 of the petitioners and other villagers (Annexure no.1 to the writ petition) by reasoned and speaking order within stipulated period as fixed by this Hon'ble Court in accordance with law."
At the very outset, learned Standing Counsel has raised preliminary objection regarding maintainability of present writ petition. He submits that in case petitioners are claiming right and title over land on account of allotment, then remedy of petitioner lies under Section 65 or 67-A of U.P. Revenue Code, 2006.
There is no whisper in the writ petition with regard to any exercise having been undertaken by writ petitioner, in the light of aforesaid.
When confronted with above, learned counsel for petitioner could not overcome to it.
In view of above, writ petition fails and is liable to be dismissed on the ground of alternative remedy and is accordingly, dismissed on the ground of alternative remedy.
Order Date :- 2.7.2021 Ashish Pd.
1 issue framed by the court
Whether the writ petition challenging dispossession and seeking representation is maintainable despite the existence of a specific statutory remedy.
2 provisions across 1 enactments
Piroo And 2 Others
State Of U.P. And 4 Others
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
