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Allahabad High Court

BIJENDER SINGH AND 9 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The writ petition is dismissed as the relief sought is available under Section 33 of the U.P. Revenue Code, 2006.

Summary

The petitioners filed a writ petition seeking a direction to the District Magistrate of Gautam Buddha Nagar to decide a representation dated 23 January 2026, wherein they requested 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. It held that the petitioners must pursue the remedy provided under that statutory provision rather than seeking a writ. Consequently, the Court dismissed the writ petition, emphasizing the availability of an alternative statutory remedy. The dismissal was based on the principle that courts should not intervene where a specific remedy under the relevant revenue law exists.

Issues considered

  • Whether the High Court can direct the District Magistrate to decide the petitioners' representation for entry as legal heirs in revenue records.
  • Whether the availability of a remedy under Section 33 of the U.P. Revenue Code, 2006 bars the grant of the writ relief.

Legislation cited

Subjects

  • legal heirs
  • revenue records
  • Section 33
  • alternative remedy
  • writ petition
  • succession
  • district magistrate

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 8954 of 2026

                                    Bijender Singh And 9 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 petitioners to direct the
                                    Respondent No.2-District Magistrate, Gautam Buddha Nagar/ record
                                    officer to decide the representation submitted by the petitioner dated
                                    23.01.2026. 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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