Premchandra Kushwaha v. State of U.P. and 8 Others

Court No. - 47 Case :- WRIT - C No. - 41398 of 2023 Petitioner :- Premchandra Kushwaha Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Santosh Kumar Srivastava 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 instant writ petition has been filed for following relief: "A. Issue a writ, order or direction in the nature of Mandamus commanding the respondent authorities to get the wall raised by private respondents between Poonam Marriage Hall, Dadiyapura, Mandi Se Narayan Bag Road, Jhansi District Jhansi and public road removed within the time framed 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. Revenue 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 :- 1.12.2023 Ved Prakash (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad