Brij Mohan Yadav v. State of U.P. and 8 Others

Court No. - 47 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2755 of 2023 Petitioner :- Brij Mohan Yadav Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Rakesh Kumar Yadav,Hriday Narayan Pandey Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.

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

¶2The writ petition has been filed for the following relief: "I. Issue a writ, order or direction in the nature of mandamus commanding and directing the District Magistrate, District: Jaupur (respondent no. 2) to measure Chak Marg area 15 Fit width of Gata No. 460, put soil and installed Kharajna on the aforesaid Chak Marg. II. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 1 and 2 to decide the representations dated 13.10.2023 filed by the petitioner before thim within stipulated period as fixed by this Hon'ble Court."

¶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 :- 30.11.2023 Nitika Sri. (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad