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Neutral Citation No. - 2025:AHC:67167 Court No. - 35 Case :- WRIT - C No. - 13175 of 2025 Petitioner :- Vijendr Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shyam Surat Shukla 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 :
"I. Issue a writ, order or direction in the nature of mandamus directing and commanding the Sub- divisional Magistrate Jansath District Muzaffar Nagar (Respondent No.2) to take action against the private respondent No.3 to 5 in regard to illegal encroachment over the Arazi Khasra No.189 measuring area 0.7170 Hectare, situated in Village Nagla Kabir Tehsil Jansath District Muzaffar recorded in revenue record in Khata of Pathway. II. Issue a writ, order or direction in the nature of mandamus directing and commanding the Sub- divisional Magistrate Jansath District Muzaffar Nagar (Respondent No.2) to demolish the construction raised by the Private Respondent No.3 to 5, whereby encroached the Pathway land"
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 stands disposed of. Order Date :- 30.4.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad