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2025 DAILYLAW 56538 (ALL)

RAMASHRAY KUSHWAHA v. STATE OF U.P. AND 5 OTHERS

WRIC/14958/2025 · 2025-05-12

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:77597 Court No. - 35 Case :- WRIT - C No. - 14958 of 2025 Petitioner :- Ramashray Kushwaha Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rajneesh Kumar Singh Counsel for Respondent :- C.S.C.,Sudhir Bharti 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: "issue a writ, order or direction, in the nature of MANDAMUS directing the authority concern to remove the encroachment from Gaon Sabha land Gata No.103 area 0.0160 hectare (Holika Dahan) Gata No.48 area 0.0080 hectare (Sour Sthan) and Gata No.104, area 0.0080 hectare (Saur Sthan) situated at village Pipra Tiwari, Pargana, Tappa Sari, Tehsil Kasya, District Kushinagar recorded as Gaon Sabha land." 3. 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 67 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. 4. Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition. 5. Accordingly, the petition is disposed of with liberty to the petitioner to avail the remedy as available to him under law. Order Date :- 13.5.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad