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Neutral Citation No. - 2025:AHC:91201 Court No. - 35 Case :- WRIT - C No. - 16360 of 2025 Petitioner :- Shiv Nath Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Prem Chand Srivastava 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:
"i) to issue a suitable writ, order or direction in the nature of mandamus commanding the District Magistrate, Kushi Nagar and the Executive Engineer (Irrigation), Fazil Nagar, District Kushinagar to remove the obstructions over 'Nahar Patri' constructed over Plot No. 1381(Kha) in Gram Nautan Hardo, Post- Kuberasthan, Tehsil Padrauna, District Kushinagar which is recorded in the name of Gandak Nahar."
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. 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. With the aforesaid observation, the petition is disposed of. Order Date :- 28.5.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad