Petitioner sought writ for removal of encroachment on common road. Court held alternative remedy exists under U.P. Revenue Code, 2006, as fact-in-law issue requires evidence.
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Court No. - 6
Case :- WRIT - C No. - 27490 of 2021
Petitioner :- Vinod Kumar Pande Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Suresh Chandra Pandey Counsel for Respondent :- C.S.C.,Pradeep Singh
Hon'ble Ajay Bhanot,J.
The petitioner has sought for the following relief:
Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to remove the illegal occupation/encroachmetn over common road situated in Khata No. 0425 having Gata No. 580 measuring 0.111 hectare at Village Khanapur Tehsil Gyanpur District Bhadohi till the disposal of the present Writ Petition otherwise it shall cause ireparable hmar and injury to the petitioner."
Shri Suresh Chandra Pandey, learned counsel for the petitioner does not dispute the submission of the learned Standing Counsel that he has an alternative and efficacious remedy of taking out proceedings under the U.P. Revenue Code, 2006 for eviction of the alleged encroachers upon the public land, since this is a disputed question of fact and law which requires reception of evidence.
In wake of the preceding submissions, it is open to the petitioner to avail the remedy under the U.P. Revenue Code, 2006 for redressal of his grievances.
Shri Pradeep Singh, learned counsel for the Gaon Sabha is present.
The writ petition is disposed of.
Order Date :- 27.10.2021 Dhananjai
Vinod Kumar Pande
State Of U.P.
Ajay Bhanot
As recorded by the court registry
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