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2025 DAILYLAW 53915 (ALL)

UMA SHANKAR v. STATE OF U.P. AND 3 OTHERS

WRIC/15238/2025 · 2025-05-20

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85301 Court No. - 35 Case :- WRIT - C No. - 15238 of 2025 Petitioner :- Uma Shankar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sharad Kumar Srivastava Counsel for Respondent :- Avinash Chandra Srivastava,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 : "a. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to remove encroachment upon chak road (Khasra No. 193), village Vajeerpur Zehalpur, Tehsil Sadar, District Firozabad. b. Issue a writ, order or direction in nature of mandamus directing to the respondent authority to take decision and action upon the representation of the petitioner dated 27-02-2023, 12-11-2024 and 10-01-2025 submitted by the petitioner to remove the encroachment upon chak road (Khasra No. 193) village Vajeerpur Zehalpur, Tehsil Sadar, District Firozabad." 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 stands disposed of. Order Date :- 21.5.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad