Ganga Charan v. State of U.P. and 5 Others

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.

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

¶2The 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."

¶3Learned 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.

¶4Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition.

¶5In 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.

¶6With the aforesaid observation, the petition is disposed of. Order Date :- 31.10.2023 Nitika Sri. (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad