Mohammad Islam and Another v. State of U.P. and 3 Others

Court No. - 47 Case :- WRIT - C No. - 36110 of 2023 Petitioner :- Mohammad Islam And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamla Prasad Tiwari,Saurabh Kumar Tiwari Counsel for Respondent :- CSC,Arun Kumar Pandey Hon'ble Manish Kumar Nigam,J.

¶1Heard learned counsel for the petitioners, learned Standing Counsel for the State and perused the record.

¶2The instant writ petition has been filed praying for a mandamus directing the Collector to remove the encroachment/construction over Khasra No. 46 (public way) made by Village Pradhan.

¶3Learned Standing Counsel has raised preliminary objection that alternative remedy under Section 26 of the U.P. Revenue Code, 2006 is available to the petitioner.

¶4In view of the availability of alternative remedy, I am not inclined to interfere in the matter.

¶5In case, the petitioner moves an application under Section 26 of the U.P. Revnue Code, 2006 before the appropriate authority, the same shall be decided expeditiously in accordance with law after hearing all the concerned parties provided there is no other legal impediment.

¶6With the aforesaid direction, the writ petition stands disposed of. Order Date :- 17.10.2023 Ved Prakash (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad