SHARVAN KUMAR SHARMA v. STATE OF U.P. AND 5 OTHERS
WRIC/4327/2025 · 2025-02-13
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17907 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17907 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:21354 Court No. - 34 Case :- WRIT - C No. - 4327 of 2025 Petitioner :- Sharvan Kumar Sharma Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Shashi Kant Shukla Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Learned counsel for the petitioner is permitted to array the concerned Gaon Sabha as party respondent in the writ petition during the course of the day.
2. Heard learned counsel for the parties and perused the record.
3. The instant writ petition has been filed for the following reliefs:
"(I) Issue a writ, order or direction in the nature of mandamus commanding the respondent Nos. 2, 3 and 4 not to carve out Chak Road from the petitioner's Plot No.440 area 0.1160 Hectare, situates at Village Allahpur, Tehsil-Modinagar, District: Ghaziabad without proper demarcation of the plots around the plot of the petitioner. (II) Issue a writ, order or direction in the nature of mandamus commanding the respondent Nos. 2 and 3 to decide the applications dated 27.12.2024 & 11.12.2024 (Annexure Nos. 5 and 4 to the writ petition) moved by the petitioner before them in accordance with law."
4. Learned Standing Counsel has raised preliminary objection that in view of
judgment passed in case of Kanhaiya Lal v. State of U.P. and others reported in 2023 (12) ADJ 226, efficacious alternative remedy under Section 26 of the U.P. Revenue Code, 2006 is available to the petitioner.
5. In view of the availability of alternative remedy, I am not inclined to interfere in the matter.
6. Accordingly, the writ petition is disposed of with liberty to the petitioner to move an application under Section 26 of the U.P. Revenue Code, 2006.
Order Date :- 14.2.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad