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2025 DAILYLAW 31232 (ALL)

MOHD. HASNAIN v. STATE OF U.P. AND 6 OTHERS

WRIC/8304/2025 · 2025-03-20

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41449 Court No. - 35 Case :- WRIT - C No. - 8304 of 2025 Petitioner :- Mohd. Hasnain Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Mohd. Nizam Uddin Counsel for Respondent :- 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 prayers: "(i) Issue a writ order or direction in the nature of mandamus directing the respondent no.2 to 4 to remove illegal encroachment made by the respondent no.5 to 7 on the graveyard over arazi no.340. (ii) Issue a writ order or direction in the nature of mandamus directing the respondent no.2 to 4 to decide the representation of the petitioner dated 22.08.2024." 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 :- 21.3.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad