Court No. - 7

Case :- WRIT - C No. - 25792 of 2022

Petitioner :- Kundan Prasad Chauhan

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Ram Prakash Chauhan

Counsel for Respondent :- C.S.C.

Hon'ble Chandra Kumar Rai,J.

Heard Mr. R.P. Chauhan, Counsel for the petitioner, Mr.

Abhishek Shukla, learned Additional Chief Standing

Counsel for respondent Nos. 1,2 and 3.

The instant petition has been filed for quashing the order

dated 27.09.2021 passed by respondent No.3 under

Section 24 of the U.P. Revenue Code, 2006 as well as for

mandamus commanding the respondent No.3 to take

appropriate action in pursuance of the order dated

03.12.2020 passed by this Court.

Counsel for the petitioner submitted that this Court has

directed vide order dated 03.12.2020 to decide the

petitioner's application dated 14.02.2020 treating the

same under Section 24 (2) (b) of the U.P. Revenue Code,

2006. He further submitted in pursuance of the order

dated 03.12.2020 passed by this Court, the order dated

27.09.2021 has been passed by the respondent No.3 in

arbitrary manner.

On the other hand, Mr. Abhishek Shukla, learned

Additional Chief Standing Counsel submitted that writ

petition filed by petitioner is not maintainable in view of

alternative remedy available to petitioner under Section

24(4) as well as under Section 22/23 of U.P. Revenue

Code, 2006.

The order dated 27.09.2021 has been passed under

Section 24 of the U.P. Revenue Code, 2006, as such, the

same is appealable under Section 24(4) of the U.P.

Revenue Code, 2006. The record also reveals that in

application dated 14.02.2020 filed by the petitioner, the

prayer of the petitioner is for further demarcation of plot

No. 396 area 0.4010 hectare as opposite parties have

removed the earlier demarcation made by the authorities,

as such, petitioner can avail remedy under Section 22/23

of U.P. Revenue Code, 2006 for restoration of boundary

marks.

The writ petition filed against the order under Section 24

of the U.P. Revenue Code, 2006 is dismissed on the

ground of alternative remedy to the petitioner to approach

the appropriate forum either under Section 24(4) of the

U.P. Revenue Code, 2006 or under Section 22/23 of the

U.P. Revenue Code, 2006.

Order Date :- 23.1.2023

Vandana Y.

Digitally signed by :-

VANDANA YADAV

High Court of Judicature at Allahabad