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Neutral Citation No. - 2025:AHC:42479 Court No. - 35 Case :- WRIT - C No. - 8458 of 2025 Petitioner :- Jay Singh Respondent :- The State Of U.P. And 8 Others Counsel for Petitioner :- Uday Bhan 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 instant writ petition has been filed for the following reliefs:
"A. to issue writ order or direction in the nature of mandamus directing the respondent no. 3 and 4 to remove the encroachment from public way situated in village Uttamgiri, Chakiya, Police Station: Tharwai, Tehsil Soraon, District: Prayagraj and restrain the respondent no. 7, 8 and 9 to encroach the above-mentioned public way. B. To issue writ order or direction in the nature of mandamus directing the respondent no. 3 and 4 to decide the representation dated 08/01/2025 moved by the petitioner within stipulated time frame fixed by this Hon'ble court."
3. Learned Standing Counsel has raised preliminary objection that in view of judgment passed in case of Kanhaiya Lal v. State of U.P. and others reported in 2023 (12) ADJ 226, efficacious alternative remedy under Section 26 of the U.P. Revenue Code, 2006 is available to the petitioner.
4. In view of the availability of alternative remedy, I am not inclined to interfere in the matter.
5. Accordingly, the writ petition is disposed of with liberty to the petitioner to move an application under Section 26 of the U.P. Revenue Code, 2006. Order Date :- 24.3.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad