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2025 DAILYLAW 55924 (ALL)

RAKESH CHAUDHARY v. STATE OF U.P. AND 13 OTHERS

WRIC/14692/2025 · 2025-05-21

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87358 Court No. - 35 Case :- WRIT - C No. - 14692 of 2025 Petitioner :- Rakesh Chaudhary Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Amit Singh Parihar,Onkar Nath 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 present petition has been filed with the following prayer: "1. to issue a writ, order or direction in the nature of mandamus commanding to respondent authorities to consider and decide the representation dated 25-7-2024 moved by the petitioner pending before the respondent No 3 within a specified period as fixed by this Hon'ble Court. 2. issue a writ, order or direction in the nature of mandamus commanding to respondent authorities Sub District Magistrate Khair, District Aligarh to remove the encroachment made by private respondents over the pathway /Rasta of the petitioner connecting his Bhumi dhari land being Khata No 700 Gata No 151 situated in Village Syaraul, Pargana Tappal, Tehsil Khair, District - Aligarh." 3. Learned counsel for the petitioner submits that he is pressing only prayer no.2. 4. Learned Standing Counsel has raised a preliminary objection that the 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 judgment passed by this Court in Jahar Singh v. State of U.P. reported in 2017(4) ADJ 619 as well as in Kanhaiya Lal v. State of U.P. and others reported in 2023 (12) ADJ 226. 5. Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition. 6. In case, the petitioner moves an application under Section 26 of Uttar Pradesh Revenue Code, 2006, before appropriate authority within a period of two weeks from today, the same shall be consider and decided, in accordance with law, within next twelve weeks from the date of production of certified copy of this order after hearing all the concerned parties provided that there is no other legal impediment. 7. With the aforesaid observation, the petition is disposed of. Order Date :- 22.5.2025/S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad