Court No. - 18
Case :- WRIT - C No. - 15135 of 2018 Petitioner :- Mangalsen Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Ravindra Kumar Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners, learned Standing Counsel appearing for the State respondents and Shri Diwakar Singh, Advocate appearing for Gaon Sabha.
Petitioners before this Court are assailing the validity of order dated 30.06.2017 and 16.02.2018 passed by second and first respondent, respectively. Further prayer has been made to ask the respondents not to disturb in peaceful possession of petitioner over the land in question.
At the outset, learned Standing Counsel has raised a preliminary objection regarding the maintainability of the writ petition on the ground that against the proceeding under Section 67 U.P. Land Revenue Code 2006, the petitioner has got alternative remedy to file suit.
The Court has proceeded to examine the record and find substance in the contention raised by learned Standing Counsel as the claim of the petitioner over the property in question can be determined by the Court below in the suit proceedings and straightway the petitioner has approached this Court instead of availing the said remedy and as such, no relief can be accorded to the petitioner. However, it is always open to the petitioner to assail the said remedy before appropriate forum.
With these, Writ Petition is disposed of.
Order Date :- 26.4.2018 A. Pandey