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Neutral Citation No. - 2025:AHC:74892 Court No. - 35 Case :- WRIT - C No. - 40883 of 2024 Petitioner :- Manoj Kumar Agrawal Respondent :- State Of U.P .And 5 Others Counsel for Petitioner :- Sri Narayan Mishra Counsel for Respondent :- Arun Kumar Pandey,C.S.C.,Krishna Mohan Garg,Samarth Sinha 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 directing the respondent no.2 & 3 to take appropriate action for removal of encroachment made by respondent no.5 & 6 over the pond bearing Khasra No. 343M area 0.0380 hectare situated at village Maujampur Jaitara, Pargana and Tehsil Dhampur, District Bijnor, within the prescribed period of time as granted by this Hon'ble Court."
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 67 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 67 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 :- 8.5.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad