Allahabad High Court
MAHESH KUMAR @ RINKUversusSTATE OF U.P. AND 7 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The writ petition is dismissed as the petitioner can obtain relief by filing an application under Section 24 of the Uttar Pradesh Revenue Code, 2006.
Summary
The petitioner, Mahesh Kumar, filed a writ petition seeking certiorari to quash orders of the Sub‑Divisional Magistrate and mandamus directing the District Magistrate to conduct a fresh spot inspection and demarcation of his land. The court noted that the petitioner’s grievance pertains to land demarcation against private respondents. The learned Standing Counsel advised that the petitioner has an alternative remedy under Section 24 of the Uttar Pradesh Revenue Code, 2006, as supported by earlier judgments of this Court. Since an alternative statutory remedy is available, the court declined to entertain the writ petition. The petition was therefore disposed, with liberty granted to the petitioner to file an application under Section 24 of the U.P. Revenue Code, 2006, which should be decided within three months.
Issues considered
- Whether the writ petition is maintainable when an alternative remedy under Section 24 of the Uttar Pradesh Revenue Code, 2006 is available.
- Whether the court should issue certiorari and mandamus for land demarcation in the present case.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 24
Subjects
- land demarcation
- Uttar Pradesh Revenue Code
- Section 24
- writ petition
- certiorari
- mandamus
- alternative remedy
- revenue law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 18603 of 2026
Mahesh Kumar @ Rinku
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Parvesh Kumar Pandey, Sarvesh
Kumar Pandey
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed for the following reliefs:-
"Issue a writ, order or direction in the nature of Certiorari calling for the entire records of
the case and quashing the impugned orders/disposal dated 08.04.2026/09.04.2026 passed
by Respondent No. 2, /Sub-Divisional Magistrate, Mahavan, District Mathura, in
Complaint Nos 200145260031161 and 20014526004164. .
Issue a writ, order or direction in the nature of Mandamus directing Respondent No.
2/District Magistrate, Mathura, to constitute an independent and impartial revenue team,
and to ensure fresh spot inspection and lawful demarcation of Khasra No. 1136M,
admeasuring 0.250 hectare, situated in Mouza Nera Bangar, Tehsil Mahavan, District
Mathura, in. accordance with prescribed procedure, in the presence of both parties, and to
prepare a site map and submit a reasoned report before this Hon'ble Court within a
stipulated time frame.
Issue a writ, order or direction in the nature of Mandamus directing Respondent No.
2/District Magistrate, Mathura, to consider and decide the Petitioner's application dated
15.04.2026 in accordance with law."
3. From the averments made in writ petition and representation
submitted by petitioner, it is apparent that petitioner wants
demarcation of his land viz-a-viz land of the private respondents.
4. Learned Standing Counsel has submitted that petitioner can move
an application under Section 24 of the Uttar Pradesh Revenue Code,
2006 for redressal of his grievances, in view of the judgments passed
WRIC No. 18603 of 2026
2
by this Court in case of Jahar Singh v. State of U.P. reported in
2017(4) ADJ 619 as well as in Kanhaiya Lal Vs. State of U.P. and
others reported in 2023 (12) ADJ 226.
5. Since the petitioner has an alternative remedy, I am not inclined to
entertain the instant petition.
6. Accordingly, the writ petition stands disposed of with liberty to the
petitioner to move an application under Section 24 of the U.P.
Revenue Code, 2006. In case, petitioner moves an application under
Section 24 of the U.P. Revenue Code, 2006, before appropriate
authority, the same shall be decided, in accordance with law,
expeditiously, preferably, within a period of three months from the
date of production of a certified copy of this order after providing
opportunity of hearing to all the concerned parties provided there is
no other legal impediment.
May 12, 2026
Rishabh (Manish Kumar Nigam,J.)
Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad
Checking your session…