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Neutral Citation No. - 2025:AHC:81112 Court No. - 35 Case :- WRIT - C No. - 41018 of 2024 Petitioner :- Smt Poonam Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ravindra Pal Singh Kashyap Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties.
2. This writ petition has been filed seeking following relief :-
"Issue a writ, order or direction in the nature of Mandamus directing respondent no. 3 i.e. Tehsildar to demarcate the land of the petitioner and handed over the possession over Khasara/Gata No. 122 and 127 situated at Village Muhmmad Pur Tehsil Nizamabad District Azamgarh. (b) Issue a writ, order or direction in the nature of mandamus directing respondent no.3 to restrain the respondent no.4 and given passage to the petitioner's house."
3. Perused the writ petition as well as representation which is sought to be decided by means of present writ petition.
4. From the representation of petitioner, it is apparent that petitioner wants removal of encroachment over the chakmarg.
5. Learned Standing Counsel has submitted that in view of the judgment passed by this Court in Jahar Singh v. State of U.P. reported in 2017(4) ADJ 619, petitioner can move an application under Section 26 of the U.P. Revenue Code, 2006 for redressal of her grievances.
6. In view of the above, the writ petition stands disposed of with liberty to the petitioner to move an appropriate application u/s 26 of the U.P. Revenue Code, 2006 within two weeks from today and in case such an application is moved, the same shall be considered and decided by the competent authority, in accordance with law, expeditiously, preferably within next twelve weeks after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. Order Date :- 15.5.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad