Dismissed

Daya Ram and Others v. Record Officer/ Ziladhikari, Ayodhya and Others

Allahabad HC23 Jan 2024WRIC/573/2024

Case brief

AI extract

What is this about?

The petitioners challenged orders under the U.P. Revenue Code and sought mandamus for non-interference in possession. The Court dismissed the writ petition as an alternative statutory remedy was available and undeprecated by the petitioners, directing the authorities to conclude proceedings if the alternative remedy is availed.

What did the court decide?

Petition dismissed with liberty to avail alternative statutory remedy.

Daya Ram and Others vs Record Officer/ Ziladhikari… — Landlord and Tenant | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:6639

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Court No. - 7

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Case :- WRIT - C No. - 573 of 2024

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Petitioner :- Daya Ram And Others Respondent :- Record Officer/ Ziladhikari, Ayodhya And Others

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Counsel for Petitioner :- Rakesh Pratap Singh,P.K. Mishra Counsel for Respondent :- C.S.C.,Mohan Singh

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Hon'ble Saurabh Lavania,J.

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Heard Sri Rakesh Pratap Singh, learned counsel for the petitioners and learned State Counsel.

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The present petition has been filed for the following main reliefs:

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"(i) Issue a writ order or direction in the nature of certiorari, quashing the order dated 02.01.2024 passed by opposite party no.1, i.e., Record Officer/ Ziladhikari, Ayodhya in Case No.2331/2023 (Computerized Case no.D202304230002331) under Section 49(8) of U.P. Revenue Code, 2006 titled as Daya Ram and Others vs. Gaon Sabha and Others and the order dated 31.07.2023 passed by opposite party no.2, i.e., Assistant Record Officer, Ayodhya in Case no.1391/2023 (Computerized Case no.D202304230001391) under Section 49 of U.P. Revenue Code 2006 titled as Gram Sabha Rampur Halwara vs. Daya Ram and Others as contained in Annexure No.1 & 2 to this writ petition.

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"(ii) Issue a writ order or direction in the nature of mandamus, commanding the opposite parties, not to interfere into peaceful use and possession of the petitioners and not to dispossess them from their land Khata No.438 Gata No.45Min. aread 10Bigha, situated at village Majha Rampur Halwara, Pargana Haveli Avadh, Tehsil Sadar, District Ayodhya."

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At the very outset, learned State Counsel says that the present writ petition is not liable to be entertained in view of the remedy available to the petitioners in the statute itself.

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The remedy indicated has not been disputed by learned counsel for the petitioners.

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Considering the aforesaid, this Court is not inclined to entertain this petition. Accordingly, the present petition is dismissed with liberty to the petitioner to avail the remedy available under the

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law.

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In case, the remedy as available is availed by the petitioners within 15 days from today, the authority concerned shall endeavour to conclude the proceedings within six months, if possible, if there is no other legal impediment in this regard.

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In case an application for interim relief is preferred by the petitioners, the same shall also be considered and decided expeditiously.

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Order Date :- 23.1.2024 Manoj K.

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Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Daya Ram and Others v. Record Officer/ Ziladhikari, Ayodhya and Others

Case brief

What is this about?

What did the court decide?

Daya Ram and Others v. Record Officer/ Ziladhikari, Ayodhya and Others

Case brief

What is this about?

What did the court decide?

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