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Neutral Citation No. - 2025:AHC:78816 Court No. - 35 Case :- WRIT - C No. - 39385 of 2024 Petitioner :- Shashipal Singh Respondent :- State Of Up And 6 Others Counsel for Petitioner :- Kailash Nath Singh 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 present petition has been filed with the following prayer:
"i) Issue a writ, order or direction in the nature of Mandamus commanding the respondent authorities to remove the illegal encroachment of the private respondents over the Rasta of Primary Health Center, Bajrang Nagar, Tehsil Kerakat, District Jaunpur, which is used by the local people/villagers. ii) Issue a writ, order or direction in the nature of Mandamus commanding the respondent no.2 to take an appropriate action upon the application of the petitioner dated 13-9-2024, within stipulated time as directed by this Hon'ble Court (Annexure No.1 to the writ petition)."
3. Learned Standing Counsel has raised a preliminary objection that the petitioner has an alternative remedy to approach appropriate authority by moving an application under Section 26 of the Uttar Pradesh Revenue Code, 2006 in view of the judgment passed by this Court in Jahar Singh v. State of U.P. reported in 2017(4) ADJ 619 as well as in Kanhaiya Lal v. State of U.P. and others reported in 2023 (12) ADJ 226.
4. Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition.
5. In case, the petitioner moves an application under Section 26 of Uttar Pradesh Revenue Code, 2006, before appropriate authority, the same shall be decided after hearing all the concerned parties in accordance with law.
6. With the aforesaid observation, the petition is disposed of. Order Date :- 14.5.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad