Dismissed

Syed Zulfikar Hussian v. State of U.P. and 13 Others

Allahabad HC5 Dec 2023WRIC/38644/2023

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed a writ petition seeking mandamus for action on a land encroachment complaint. The court held that since an efficacious alternative remedy existed through execution proceedings, the writ jurisdiction was not appropriate, and the petition was disposed of.

What did the court decide?

No relief granted; writ petition dismissed on grounds of statutory alternative remedy.

Syed Zulfikar Hussian Vs State of U.P. and 13 Others — Landlord and Tenant | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:230524-DB

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Court No. - 40

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Case :- WRIT - C No. - 38644 of 2023

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Petitioner :- Syed Zulfikar Hussian Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Zafar Abbas,Sarve Nazir Counsel for Respondent :- C.S.C.

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

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Heard learned counsel for the petitioner and Sri Devesh Vikram, learned Additional Chief Standing Counsel for the State-respondent.

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The present writ petition has been preferred for a mandamus commanding the respondent no. 2 to 5 to take appropriate action upon complaint of the petitioner and to restrain the private respondent no. 6 to 14 from making any illegal encroachment upon Arazi No. 134 situated at village Sarawan, Pargana Tehsil Phoolpur, District Azamgarh.

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Learned Additional Chief Standing Counsel raised a preliminary objection regarding maintainability of the writ petition on the ground that the entire claim has been set up against the private incumbent. Even though the civil suit was instituted by the petitioner in the year 1982, which was registered as Original Suit No. 420 of 1982 and the same was decreed vide judgment and order dated 4.10.1988. He submits that in case the same is being flouted, the efficacious remedy is to press the execution case and such disputed facts cannot be agitated under the writ jurisdiction, as such, the present writ petition is liable to be dismissed on the ground of statutory alternative remedy.

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Once an objection is being raised, we have proceeded to examine the record and we are of the considered opinion once the efficacious alternative remedy is available to the petitioner, there is no reason or occasion to bypass the statutory forum and the writ petition is liable to be dismissed on the ground of statutory alternative remedy.

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Consequently, the writ petition stands disposed of with the aforesaid leave.

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Order Date :- 5.12.2023 A.K.Srivastava

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Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Syed Zulfikar Hussian v. State of U.P. and 13 Others

Case brief

What is this about?

What did the court decide?

Syed Zulfikar Hussian v. State of U.P. and 13 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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