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2025 DAILYLAW 15459 (ALL)

ASHOK KUMAR v. STATE OF U.P. AND 4 OTHERS

WRIC/3408/2025 · 2025-03-03

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30326 Court No. - 34 Case :- WRIT - C No. - 3408 of 2025 Petitioner :- Ashok Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Nishi Sengar Counsel for Respondent :- C.S.C.,Krishna Kant Singh 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 and 3 to remove the illegal encroachment of the respondent no.5 from the land of Gata no.31/1 area 0.910 hectare which is the land of Gram Sabha situated at village Irkini Mandalpur, Pargana Akrabad, Tehsil Koil, District Aligarh and execute the order dated 24.01.2023 passed by respondent no.3. ii) Issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 and 3 to decide the application of the petitioner dated 09.12.2024 within stipulated period as may be fixed 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 :- 4.3.2025 Priya (Manish Kumar Nigam, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad