Allahabad High Court
VIJAY PAL SINGH AND 54 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRAKASH PADIA
Holding
The writ petition cannot be entertained where a specific statutory remedy under Section 33 of the U.P. Revenue Code, 2006 is available.
Summary
The petitioners filed a writ petition seeking a direction to the District Magistrate to consider their representation dated 26‑09‑2025 for entry of their names as legal heirs of a deceased in the revenue records. The court examined the representation and noted that such relief is governed by Section 33 of the Uttar Pradesh Revenue Code, 2006, which provides a specific application procedure. The court held that the petitioners must pursue the remedy available under that statutory provision rather than a writ. Consequently, the court dismissed the writ petition, emphasizing the availability of an alternative remedy. The dismissal was based on procedural grounds, not on the merits of the succession claim.
Issues considered
- Whether the writ petition seeking direction to the District Magistrate to entertain the petitioners' representation for entry as legal heirs is maintainable when a specific statutory remedy exists under Section 33 of the U.P. Revenue Code, 2006?
Legislation cited
- U.P. Revenue Code, 2006 — s. 33
Subjects
- succession
- revenue records
- legal heirs
- writ petition
- alternative remedy
- Section 33
- U.P. Revenue Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 5548 of 2026
Vijay Pal Singh And 54 Others
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Girish Chandra Shukla, Kamlendra
Tripathi
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. A prayer has been made by the counsel for the petitioner to direct the
Respondent No.2-District Magistrate, Gautam Buddha Nagar/ record
officer to decide the representation submitted by the petitioner dated
26.09.2025. In the aforesaid representation, a prayer has been made by the
petitioners to enter the name of the petitioners as legal heirs of the
deceased.
2. Heard counsel for the parties and perused the record.
3. After going through the records, it transpires that representation was
submitted by the petitioners for entering their names in the revenue
records on the basis of the succession. The aforesaid relief only be
granted to the petitioners as per Section 33 of the U.P. Revenue Code,
2006.
4. In this view of the matter, the Court is of the opinion that relief as
sought for could not be granted. In case, the petitioners want their names
in the revenue record, they will move an application as provided under
Section 33 of the U.P. Revenue Code, 2006.
5. Accordingly, the writ petition is dismissed on the ground of availability
of alternative remedy.
(Prakash Padia,J.)
March 18, 2026/Swati
Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad
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