Shitla Prasad vs State Of Up And 4 Others
2024 Latest Caselaw 38444 ALL

Allahabad High Court

Shitla Prasad vs State Of Up And 4 Others on 21 November, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:181686
 
Court No. - 34
 

 
Case :- WRIT - C No. - 23622 of 2024
 

 
Petitioner :- Shitla Prasad
 
Respondent :- State Of Up And 4 Others
 
Counsel for Petitioner :- Prachi Srivastava,Saurabh Srivastava
 
Counsel for Respondent :- Azad Rai,C.S.C.,Gulab Chandra Tiwari,Sanjay Kumar Mishra
 

 
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 writ of mandamus commanding the respondents authorities to remove illegal encroachment made by respondent no.5 over the public way which is Gaon Sabha property.

ii) issue a writ, order or direction in the nature of mandamus commanding the respondent no.2, Sub-Divisional Magistrate Handia, Prayagraj to decide the representation dated 24.06.2024 within stipulated period."

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 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.

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. With the aforesaid observation, the petition is disposed of.

Order Date :- 21.11.2024

Priya