In a writ petition seeking mandatory demarcation of G.T. Road in Village Naraur and non-dispossession of the petitioner, the Allahabad High Court held that the U.P. Land Revenue Act 2006 provides an alternative remedy. Consequently, the writ petition was disposed of without interference.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:197730-DB
Court No. - 40
Case :- WRIT - C No. - 31316 of 2023
Petitioner :- Ram Lakhan Ram Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Parmeshwar Kr. Chaudhary,Neha Rajput Counsel for Respondent :- C.S.C
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
Heard learned counsel for the petitioner and Shri Ambrish Shukla, learned Additional Chief Standing Counsel for the State.
Present writ petition is preferred inter-alia with following reliefs:-
"(I) A writ, order or direction in the nature of mandamus commanding the respondent no.2 to correctly demarcate the G.T. Road situated in Village Naraur (Dehat Amanat), Tehsil Raja Talab, District Varanasi to its actual position, according to procedure established by law within a stipulated period as may be specified by this Court.
(II) A writ, order or direction in the nature of mandamus commanding respondent especially respondent no.2 not to disturb peaceful leaving of petitioner and not to dispossess the petitioner from his land/house situated in Gata No.169Ka, in Village Naraur, Tehsil Raja Talab, District Varanasi."
In pith and substance, the petitioner's grievance is that on the spot actual demarcation may be ensured.
Today when the matter is taken up, learned Additional Chief Standing Counsel has placed the detailed instructions, which is taken on record. He submits that for the reliefs claimed in the writ petition, full fledged mechanism is provided under the U.P. Land Revenue Act 2006 (in short the 'Code 2006') and once alternative remedy is available there is no reason or occasion to interfere in the matter.
Order Date :- 12.10.2023
A. Pandey
Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad
2 issues framed by the court
Whether the Court can entertain a writ petition seeking demarcation of land when a full-fledged mechanism is available under the U.P. Land Revenue Act 2006.
Whether the petitioner is required to approach the Competent Court/Authority under the alternative remedy provision.
1 provisions across 1 enactments
Ram Lakhan Ram
State Of U.P.
2 Others
Mahesh Chandra Tripathi
Prashant Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
