ADYA PRASAD AND 5 OTHERS v. State of UP AND 4 OTHERS
WRIC/29384/2024 · 2025-01-08
body2025
DailyLaw.ai
[ 2025 DAILYLAW 187617 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 187617 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:4735 Court No. - 34 Case :- WRIT - C No. - 29384 of 2024 Petitioner :- Adya Prasad And 5 Others Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Aditya Singh,Ajeet Singh Rathore,Reetika Counsel for Respondent :- Azad Rai,C.S.C. 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 and directing the Respondent authority concern to take necessary action against Respondent No. 4 and 5 and discharge the encroachment upon Arazi No. 28 area 0.1480 hectare, Arazi No. 1241 area 0.1370 hectare, Arazi No. 1244 area 0.5680 hectare, situated at village Jaguasodha, pargana Kevai, tehsil Handiya, District Prayagraj of petitioners, immediately, within stipulated period. II. Issue a writ, order or direction in the nature of mandamus directing the Respondent No. 2 to decide the representation of the petitioners dated 19.04.2024, within stipulated period."
3. Learned Standing Counsel has raised a preliminary objection that the petitioners have 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 petitioners have an alternative remedy, I am not inclined to entertain the instant petition.
5. In case, the petitioners move 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 :- 9.1.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad