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2025 DAILYLAW 109191 (ALL)

MOHAN LAL v. State of UP AND 7 OTHERS

WRIC/39842/2024 · 2025-05-13

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78651 Court No. - 35 Case :- WRIT - C No. - 39842 of 2024 Petitioner :- Mohan Lal Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Raja Ram Kushwaha Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Case called out in the revised list. 2. None appears on behalf of the petitioner to press this petition. 3. Heard learned Standing Counsel for the State-respondents and perused the record. 4. 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. 4 to initiate the proceeding of Section 67 of U.P. Revenue Code, 2006 against the respondents No. 5 to 7 for encroaching the land of Gatas No. 1334 and 1338 in Village Akodha, Pargana Arail, Tahsil Karchhana, District Prayagraj." 5. Learned Standing Counsel has raised a preliminary objection that petitioner has an alternative remedy to approach appropriate authority by moving an application under Section 67 of the Uttar Pradesh Revenue Code, 2006 in view of the judgments passed by this Court in case of Jahar Singh v. State of U.P. reported in 2017(4) ADJ 619 as well as in Kanhaiya Lal Vs. State of U.P. and others reported in 2023 (12) ADJ 226. 6. Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition. 5. The present petition is disposed of with liberty to petitioner to avail the remedy as available to him under the law. Order Date :- 14.5.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad