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Neutral Citation No. - 2025:AHC:60791 Court No. - 35 Case :- WRIT - C No. - 12001 of 2025 Petitioner :- Siddhnath Rai Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rishi Kant Rai,Shashank Shekhar Rai 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. This writ petition has been filed seeking following relief :-
"Issue a writ, order or direction in the nature of mandamus directing the respondent No. 3, to take appropriate action for removal of unauthorized possession/obstacle made by respondents No. 5 on Gata No. 261/367 having area 0.010 hectare, recorded as Rasta in revenue record, under Section 26 of the U.P. Revenue Code."
3. Contention of learned counsel for the petitioner is that chakroad has been encroached upon by the private respondents.
4. Learned Standing Counsel has submitted that proper course available to the petitioner is to move an appropriate application under Section 26 of the U.P. Revenue Code, 2006 for removal of obstacle.
5. In view of the same, I am not inclined to interfere with the matter.
6. Accordingly, this writ petition stands disposed of with liberty to the petitioner to move an appropriate application under Section 26 of the U.P. Revenue Code, 2006 for removal of obstacle on the chak road. In case such an application is moved within two weeks, the same shall be considered and decided by the concerned authority, in accordance with law, expeditiously, preferably within next three months from the date of production of a certified copy of this order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment.
7. It is made clear that this Court has not examined the matter on merits. Order Date :- 22.4.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad