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2025 DAILYLAW 14054 (ALL)

SMT. KAMLESH v. STATE OF U P AND 9 OTHERS

WRIC/3293/2025 · 2025-02-13

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20891 Court No. - 34 Case :- WRIT - C No. - 3293 of 2025 Petitioner :- Smt. Kamlesh Respondent :- State Of U P And 9 Others Counsel for Petitioner :- Vishal Agarwal Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani 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 no. 3 and his subordinate official to make all endeavors to inspect at the spot and secure the public land (Chak Road) bearing Khasra/Gata no. 100 at village Ismilepur, Tehsil Saharanpur, District Saharanpur. II. Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 3 to decide the representation of the petitioner, expeditiously, if possible within stipulated period of time." 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 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad