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2025 DAILYLAW 55271 (ALL)

SEVA SINGH v. STATE OF U.P. AND 15 OTHERS

WRIC/14494/2025 · 2025-05-07

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74470 Court No. - 35 Case :- WRIT - C No. - 14494 of 2025 Petitioner :- Seva Singh Respondent :- State Of U.P. And 15 Others Counsel for Petitioner :- Atul Kumar Dubey,Binod Kumar Mishra,Kunwar Gaurav Singh Counsel for Respondent :- C.S.C.,Sunil Kumar Singh 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 certiorari to quash the report of area Lekhpal dated 17.09.2024 well as as IGRS report dated 25.10.2024 as (annexure no.6 & 7 to this writ petition). Issue a writ, order or direction in the nature of mandamus directing the respondent No. 2 to 8 to go and visit actual site, do measurements and open the path way situated in gata No.12 area 0.0440 hectare from the illegal encroachment of private respondents in their presence." 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 :- 8.5.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad