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2025 DAILYLAW 62313 (ALL)

HARENDRA BALIYAN v. STATE OF U.P. AND 4 OTHERS

WRIC/16995/2025 · 2025-05-25

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88802 Court No. - 35 Case :- WRIT - C No. - 16995 of 2025 Petitioner :- Harendra Baliyan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sushil Kumar Pandey Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani 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 : "i. Issue a writ petition, order or direction in the nature of mandamus directing the respondent authority to consider and decide the claim of the petitioner pending before them since 21.11.2024 in respect of illegal encroachment by respondent no.5 and others upon the khasra no.323 area 0.0680 hectare and khasra no.311 area 0.0070 hectare recorded as chakroad situated at village Savatu, Tehsil-Budhana, District-Muzaffarnagar." 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 stands disposed of. Order Date :- 26.5.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad