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2025 DAILYLAW 59762 (ALL)

SHYAM BAHADUR v. STATE OF U.P. AND 3 OTHERS

WRIC/15738/2025 · 2025-05-16

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82409 Court No. - 35 Case :- WRIT - C No. - 15738 of 2025 Petitioner :- Shyam Bahadur Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sandeep Kumar Dwivedi Counsel for Respondent :- Azad Rai,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: "(i) Issue a writ, order or direction in the nature of mandamus direction may be issued to the respondent no.2 Sub Divisional Magistrate, Tehsil Handia District Prayagraj to decide the application dated 22.04.2025 pending before him regarding demarcation and construction of Chak Marg as Araji No. 329 Area 0.1170 hectare situated at Village Kanakpur Mahewa, Pargana Kewai, Tahsil Handia District Prayagraj." 3. Contention of learned counsel for the petitioner is that chakmarg has been encroached by the certain villagers. In this regard the petitioner has moved an application but no action has been taken. 4. Learned Standing Counsel has raised a preliminary objection that the persons who have been said to encroached the Chakmarg have not been impleaded as party in the writ petition and 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, the same shall be decided in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after hearing all the concerned parties in accordance with law. 7. With the aforesaid observation, the petition is disposed of. Order Date :- 17.5.2025/S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad