SMT MEENA DEVI v. STATE OF UTTAR PRADESH AND 4 OTHERS
WRIC/12926/2025 · 2025-04-28
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48718 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48718 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:65824 Court No. - 35 Case :- WRIT - C No. - 12926 of 2025 Petitioner :- Smt Meena Devi Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Arvind Kumar,Sharda Vishwakarma 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 present petition has been filed with the following prayer:
"(I) to issue a writ order or direction in the nature of mandamus commanding to the Respondent No. 04/Tehsildar, Tehsil-Handia, District-Prayagraj to take appropriate action against the unauthorized occupiers of land recorded as Chak Marg, Junior High School and Naveen Parti situated in Village-Kundanpur, Pargana-Mah, Tehsil- Handia, District-Prayagraj. (II) to issue a writ order or direction in the nature of mandamus commanding to the Respondent No. 04/Tehsildar, Tehsil-Handia, District-Prayagraj to get the aforesaid land vacated from the unauthorized occupiers."
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 26 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 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. With the aforesaid observation, the petition is disposed of. Order Date :- 29.4.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad