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2025 DAILYLAW 51219 (ALL)

LOKESH DWIVEDI v. STATE OF U.P. AND 4 OTHERS

WRIC/13382/2025 · 2025-05-06

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74269 Court No. - 35 Case :- WRIT - C No. - 13382 of 2025 Petitioner :- Lokesh Dwivedi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rahul Chaudhary 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 : "Issue, an appropriate writ, order or direction in the nature of Mandamus directing the respondent no.3 to pass appropriate order on the pending applications dated 16.02.2024, 12.08.2024 as well as the representation dated 11.04.2025, filed by the petitioner before respondent no.2 & 3. ii) Issue, an appropriate writ, order or direction in the nature of Mandamus directing the respondent no.2, to monitor the proceedings of eviction and removal of illegal encroachment of the Chak Marg by the respondent no.5, personally and furnish report before 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 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 is disposed of. Order Date :- 7.5.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad