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Smt. Ram Dulari Mishra v. State Of U.P. & Others - WRIT - C No. 36425 of 1998 [2007] RD-AH 10981 (2 July 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Anjani Kumar, J.

Hon'ble Sabhajeet Yadav, J.

By means of present writ petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-

"i) Issue a writ, order or direction in the nature of mandamus directing the respondents not to demolish and dispossess the petitioner from his house and agricultural plots and trees situated upon plots no. 1047/1204 in village Bharehari Southpurwa, Tehsil Sirathu, district Kaushambi.

ii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to cut the green trees from the aforesaid plots.

iii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere in the peaceful possession of the house, Agricultural plots and green trees from plots no. 1047/1204 situated in village Bharehari Southpurwa, district Kaushambi.

iv) Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case."

Heard learned counsel for the parties.

Annexure-'1' to the writ petition clearly demonstrate that this notice issued to the petitioner in the form of 49 K under the provisions of U.P. Zamindari Abolition and Land Reforms Act.  Since admittedly the petitioner has a statutory alternative remedy under the provisions of the aforesaid Act, this writ petition, at this stage, is dismissed on the ground of availability of statutory alternative remedy.  The interim order, if any, stands vacated.  

Dated: 02.07.2007.



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