Vashisth Narayan vs State Of U.P. And 5 Others
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Allahabad High Court

Vashisth Narayan vs State Of U.P. And 5 Others on 1 April, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:44740
 
Court No. - 35
 

 
Case :- WRIT - C No. - 5806 of 2025
 
Petitioner :- Vashisth Narayan
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Brijesh Kumar Verma
 
Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.
 

 
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 order or direction in the nature of mandamus commanding the respondents to pass legal and speaking order on the representation dated 27.06.2024 and 15.07.2024 about removal encroachment of illegal over Pathway in Arazi No. 759 area 0.045 hectare, within stipulated period."

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 stands disposed of.

Order Date :- 1.4.2025

S. Singh

(Manish Kumar Nigam, J.)