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Neutral Citation No. - 2025:AHC:87940 Court No. - 35 Case :- WRIT - C No. - 16526 of 2025 Petitioner :- Baliram Saroj Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Krishna Kant Tiwari,Vijay Puri Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla 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 nature of mandamus direct Nos. 2 and 3 to remove Gata No. 340 situated in the the respondent encroachment over Mohan, Tehsil- Martinganj, District-Azamgarh. at village-Saray (B) Issue a writ, order nature of mandamus direct Nos. 2 and 3 to direction in the the respondent way to the provide petitioner to approach his house."
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 26 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 26 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 :- 22.5.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad