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2025 DAILYLAW 30421 (ALL)

BADRI PRASAD v. STATE OF UP AND 10 OTHERS

WRIC/8029/2025 · 2025-03-19

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:40121 Court No. - 35 Case :- WRIT - C No. - 8029 of 2025 Petitioner :- Badri Prasad Respondent :- State Of Up And 10 Others Counsel for Petitioner :- Manoj Kumar Singh,Swatantra Singh 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 present petition has been filed with the following prayer: "(a) issue a writ, order or direction in the nature of Mandamus directing the respondent No. 2 to take appropriate decision upon the application of the petitioner dated 21.01.2025 and evict the private respondents as well as other persons who encroached "chakmarg" situated in Gata No. 503, area 0.0240 hectare, situated in Village- Ekahuwa, Pargana Gadwara, Tehsil Badalapur, P.S. Sujanganj, District Jaunpur with immediate effect." 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 26 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 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. With the aforesaid observation, the petition is disposed of. Order Date :- 20.3.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad