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Neutral Citation No. - 2025:AHC:20823 Court No. - 34 Case :- WRIT - C No. - 3178 of 2025 Petitioner :- Shreeram Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shriprakash Shrivastava Counsel for Respondent :- C.S.C.,Sudhir Bharti 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. a writ order or direction in nature of mandamus commanding and directing the respondent No. 2 to decide the application dated 21.08.2024 as well as 23.12.2024 filed before respondent Nos. 1 and 2 as well as District Magistrate, District Kushinagar regarding illegally encroach by the respondent No. 5 in public utility land i.e. Chak Marg Gata No. 806 area 0.028 hectare situated at Mauza Rajpur Khas, Tappa Bank Jogni, Pargana C.Jo., Tehsil Tamkuhiraj, District Kushinagar. And the respondents not taken action with regard to removable of the encroachment of the public utility land under Section 67 of U.P. Revenue Code, 2006 to the private respondents within stipulated period of time in that regard."
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 :- 13.2.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad