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2025 DAILYLAW 25491 (ALL)

RAM KUMAR SINGH v. STATE OF U.P. AND 4 OTHERS

WRIC/6391/2025 · 2025-03-04

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32370 Court No. - 34 Case :- WRIT - C No. - 6391 of 2025 Petitioner :- Ram Kumar Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Prakash Vishwakarma,Sunil Srivastava Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani Hon'ble Manish Kumar Nigam,J. 1. Heard learned Counsel for the parties and perused the record. 2. The instant petition has been filed for the following relief : "issue a writ, order nature of Mandamus directing the respondent or authorities to take legal action against the respondent no.4 encroachment over No.575/2 & 5 for their illegal the disputed land Arazi area 0.102 hectare Mauza Charthawal Dehat, Tehsil and District Muzaffar Nagar. issue a writ, order or direction in the nature of Mandamus directing the respondent authorities to stop the illegal encroachment made by the respondent no.4 disputed land Arazi & 5 over the No.575/2 area 0.102 hectare situated at Mauza Charthawal Dehat, Tehsil and District Muzaffar Nagar. iii. issue a writ, order or direction in the nature of Mandamus directing the respondent authorities to consider and decide the application of petitioner dated 04.01.2025 & 10.02.2025 in favour of the petitioner within specific period if granted by this Hon'ble Court." 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 67 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 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. Accordingly, the instant petition is disposed of. Order Date :- 5.3.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad