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2025 DAILYLAW 57451 (ALL)

OM PRAKASH PATEL v. STATE OF UP AND 10 OTHERS

WRIC/15319/2025 · 2025-05-20

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86762 Court No. - 35 Case :- WRIT - C No. - 15319 of 2025 Petitioner :- Om Prakash Patel Respondent :- State Of Up And 10 Others Counsel for Petitioner :- Brahma Prakash Tripathi,Satya Prakash Tripathi 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 instant writ petition has been filed for the following relief : "issue a writ, order or direction in the nature of mandamus to constitute a team of revenue officers for measurement and demarcation of Khalihan Land bearing no- 41, having area 0.089 hectare and free from the encroachment and Chak road no- 78 and 160 of the Village Marwatiya Upadhyay, Post Thakur Deoria, Police Station - Bhaluani, District Deoria, (U.P.). (b) Issue any other writ, order or direction in the nature of mandamus to take statutory measured shall be taken against the Halka Lekhpal Ramesh Patel and personnel who were involved in the illegal demolition of the room (Katrain) of the petitioner. (c) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case." 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 67 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 67 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 :- 21.5.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad