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2025 DAILYLAW 38711 (ALL)

SARITA v. STATE OF U.P. AND 5 OTHERS

WRIC/10538/2025 · 2025-04-09

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52690 Court No. - 35 Case :- WRIT - C No. - 10538 of 2025 Petitioner :- Sarita Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Brahmsukh Pal,Mani Shanker Pandey Counsel for Respondent :- Azad Rai,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 relief : "a). Issue the nature a writ, order or direction in of mandamus commanding and directing the respondent no.2 to 4 to remove the illegal encroachment made by the respondent no.5 and 6 on the public pathway situated upon the Arazi No.397M area no.7990 recorded as Naveen parti in revenue record situated at village-Kapson Atari, Block-Shankargarh, District- Prayagraj/Allahabad Tehsil-Bara, within stipulated period which may be fixed by this Hon'ble Court. b). Issue a writ, order or direction in the nature of mandamus commanding and directing the the respondent no.2 to decide the presentation of the petitioner dated 17.3.2025 within stipulated period which may be fixed by this Hon'ble Court (Annexure No.8) to this writ petition." 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 26 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 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. Accordingly, the writ petition stands disposed of. Order Date :- 10.4.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad