Ganga Charan vs State Of U.P. And 5 Others
2023 Latest Caselaw 30258 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:209400
 
Court No. - 47
 

 
Case :- WRIT - C No. - 36356 of 2023
 

 
Petitioner :- Ganga Charan
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Mohd Mohiuddin Siddiqui
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Kumar Nigam,J.

1. Heard learned counsel for the petitioner, learned counsel for the respondent and learned Standing Counsel and perused the record.

2. The present petition has been filed with the following prayer:

"A. writ, order or direction in the nature of seeking writ of mandamus directing the respondents authorities specially respondent no. 3 vacate the illegal encroachment in the public way by the respondent no. 5 and 6 and also direct the respondents authorities consider the claim of the within short span of time."

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.

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 :- 31.10.2023

Nitika Sri.

(Manish Kumar Nigam, J.)