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2025 DAILYLAW 52290 (ALL)

JEET NARAYAN DUBEY v. STATE OF U.P. AND 4 OTHERS

WRIC/13841/2025 · 2025-05-11

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:77698 Court No. - 35 Case :- WRIT - C No. - 13841 of 2025 Petitioner :- Jeet Narayan Dubey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mani Shanker Pandey,Rama Nand 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 : "Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 and 3 to remove the illegal encroachment made by the respondent no. 4 and 5 on the public pathway sansituated on the Abadi land of Village Bhuei, Pargana Tehsil Handia. District Prayagraj and take necessary action against them within stipulated period which may be fixed by this Hon'ble court. (ii) Issue a writ, order or direction in the nature of mandamus directing the District Magistrate District Allahabad (Respondent no.2) to decide the representation dated 15.04.2025 pending before him, about the illegal encroachment made by the respondent no. 4 and 5 on the public Pathway situated in Gata no. 614 and 611 in village Bhuei, Pargana and Tehsil Handia, District Allahabad, within stipulated period which may be 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 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 :- 12.5.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad