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2025 DAILYLAW 20866 (ALL)

NAME SINGH v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIC/5597/2025 · 2025-05-20

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85441 Court No. - 35 Case :- WRIT - C No. - 5597 of 2025 Petitioner :- Name Singh Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Ayub Khan Counsel for Respondent :- C.S.C.,Sunil Kumar 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: "(A) issue a writ, order or direction in the nature of mandamus directing the respondents-authorities to get remove the illegal encroachment from WELL (Kunwan) situated in abadi of Village: Domla Khurd, Majra : Domla Hasangarh, Police Station Ahmadgarh, Pargana and Tehsil: Shikarpur, District: Bulandshahr, forthwith or within the period specified by this Hon'ble Court, so that justice may be done. (B) Issue a writ, order or direction in the nature of mandamus commanding & directing the District Magistrate, Bulandshahr/respondent no.-02 to decide representation dated: 09.12.2024 filed by the petitioner vide (Annexure-03 to the writ petition), within the period specified 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 :- 21.5.2025 Priya (Manish Kumar Nigam, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad