Court No. - 32
Case :- WRIT - C No. - 27081 of 2020 Petitioner :- Nisha Devi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Lok Nath Shukla,Mahendra Kumar Khare Counsel for Respondent :- C.S.C.,Sunil Kumar Singh
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Lok Nath Shukla, learned counsel for the petitioner, learned Standing Counsel for the respondent nos. 1 to 3, 6 and 7 and Sri Azad Rai, learned counsel for the respondent no. 4 Gaon Sabha.
This writ petition has been filed with the following relief;
"(i) to issue a writ, order or direction in the nature of mandamus commanding the respondents not to make any interference in the peaceful possession of the petitioner over Arazi No. 322Ka situated in Village Mahjana, P.S. Handia, District Prayagraj and not to make any construction over the said arazi.
(ii) to issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 3 to 7 to construct Panchayat Bhawan and Latrine (Sauchalaya) at some other place except the land of the petitioner i.e. Arazi No. 322Ka situated in Village Mahjana, P.S. Handia, District Prayagraj."
It is contended that petitioner has been recorded over the land of the Gaon Sabha and has constructed a house over it. It is further contended that the respondents are interfering in his peaceful possession and are trying to dislocate her.
Learned counsel for the Gaon Sabha has contended that petitioner has remedy under Section 144 read with Section 146 of the U.P. Revenue Code, 2006 for redressal of her grievances.
In view of the above, the prayer made in the writ petition cannot be granted by this Court as there is specific provision under the U.P. Revenue Code, 2006 for redressal of grievances of the petitioner. She may approach the concerned authority for the same.
Writ petition is dismissed on the ground of alternative remedy.
Order Date :- 29.7.2021 Shekhar