Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 106013 (ALL)

RAM PAL v. State of U.P. AND 4 OTHERS

WRIC/36371/2024 · 2025-02-10

Manish Kumar Nigam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:19239 Court No. - 34 Case :- WRIT - C No. - 36371 of 2024 Petitioner :- Ram Pal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Chandra Kumar,Sushil Chandra Tripathi Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant writ petition has been filed for the following relief: "i. Issue a writ, order or direction in the nature of mandamus directing the Respondent No. 3 to take necessary action to remove the encroachment over the path away, situated at Village Gaharpara, Tehsil- Machhalishahar, District- Jaunpur, immediately, within stipulated period." 3. Learned Standing Counsel has raised preliminary objection that in view of judgment passed in case of Kanhaiya Lal v. State of U.P. and others reported in 2023 (12) ADJ 226, efficacious alternative remedy under Section 26 of the U.P. Revenue Code, 2006 is available to the petitioner. 4. In view of the availability of alternative remedy, I am not inclined to interfere in the matter. 5. Accordingly, the writ petition is disposed of with liberty to the petitioner to move an application under Section 26 of the U.P. Revenue Code, 2006. Order Date :- 10.2.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad