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2025 DAILYLAW 43971 (ALL)

VINOD KUMAR v. STATE OF U.P. AND 5 OTHERS

WRIC/12690/2025 · 2025-04-27

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:64959 Court No. - 35 Case :- WRIT - C No. - 12690 of 2025 Petitioner :- Vinod Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Shashi Kant Dwivedi 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 relief : "Issue a writ, order of direction in the nature of mandamus commanding and directing the respondents to remove illegal encroachment of the gata No. 890 area 0.0100 hectare which is shown in revenue record as Naveen Parti and gata No. 889 area 0.0450 hectare which is shown in revenue record as pond land situated in Village Birdpur No.8 Pargana and Tehsil Navgarh District Siddharthnagar forthwith or within stipulated period as fixed by this Hon'ble court. Issue a writ, order of direction in the nature of mandamus commanding and directing the respondents authorities to decide the representation of the petitioner dated 2.4.2025 in accordance with law forthwith or within stipulated period as fixed 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 writ petition is disposed of. Order Date :- 28.4.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad