DHARMENDRA KUMAR GIRI v. STATE OF U.P. AND 7 OTHERS
WRIC/4024/2025 · 2025-02-23
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17717 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17717 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:26652 Court No. - 34 Case :- WRIT - C No. - 4024 of 2025 Petitioner :- Dharmendra Kumar Giri Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- A.K. Maurya I Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned Counsel for the parties and perused the record.
2. The instant writ petition has been filed for the following relief :
"to issue a writ order or direction in the nature of mandamus directing and commanding the respondent по.2 to remove the illegal encroachment over chak road as plot no.2048 of village Tendui Pargana Kaswar Raja Tehsil Raja Talab District Varanasi after demarcating the same forthwith and also may penalized the encroacher under section 226 of U.P. Revenue Code. ii. to issue a writ order or direction in the nature of mandamus directing and commanding the respondent no.3 to follow the provision of section 26 of U.P. Revenue code for removal of illegal encroachment in respect of chak road as plot no.2048 of village Tendui pargana Kaswar Raja Tehsil Raja Talab District Varanasi forthwith and also may followed to section 226 of the U.P. Revenue code."
3. Learned Standing Counsel has raised a preliminary objection that 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 judgments passed by this Court in case of Jahar Singh v. State of U.P. reported in 2017(4) ADJ 619 as well as in Kanhaiya Lal Vs. 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. Accordingly, the writ petition is disposed of. Order Date :- 24.2.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad