Allahabad High Court
Man Singh And Another vs State Of Up And 7 Others on 1 July, 2024
Author: Ashutosh Srivastava
Bench: Ashutosh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:106262 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1110 of 2024 Petitioner :- Man Singh And Another Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Rajesh Kumar,Saurabh Kumar Pandey Counsel for Respondent :- C.S.C.,Hari Narayan Singh Hon'ble Ashutosh Srivastava,J.
1. Heard learned Counsel for the parties and perused the record.
2. The instant Public Interest Litigation has been filed for the following relief :
"(A) To issue a writ and order in the nature of mandamus directing the respondents especially respondent no. 2 to remove the illegal possession over the pond registered in revenue record as Gata No. 623 and registered as Khasra area 5.46 acre which is situated at Gaon Sabha Kurra Tehsil Bharthana District Etwah.
(B) To issue a suitable writ, order direction in the nature of mandamus directing the respondent no. 2 to take appropriate action against the respondent nos. 7 and 8 in pursuant to the Government Order dated 08 May 2017 to remove the encroachment on Gata No. 320 and registered as Khasra of Zild Bandobast Gata No. 623 area 5.46 acre which is situated at Gaon Sabha Kurra Tehsil Bharthana District Etawah.
(C) To issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to conduct the enquiry from independent agency and take appropriate action against those revenue officials who are the liable for aforesaid illegal action where the help to the respondent nos. 6 and 7 to take possession of over the pond of Gaon Sabha Kurra Tehsil Bharthana District Etawah".
3. The contention of learned Counsel for the petitioners is that Gata No. 623 area 5.46 hectare has been encroached by Respondent Nos. 7 and 8.
4. Learned Standing Counsel has raised a preliminary objection that the petitioners has an alternative remedy to approach appropriate authority by moving an application under Section 26 of the Uttar Pradesh Revenue Code, 2006 in view of the judgments passed by this Court in case of Jahar Singh v. State of U.P. reported in 2017(4) ADJ 619 as well as in Kanhaiya Lal Vs. State of U.P. and others reported in 2023 (12) ADJ 226.
5. Since the petitioners have an alternative remedy, I am not inclined to entertain the instant petition.
6. In case, the petitioners move an application under Section 26 of Uttar Pradesh Revenue Code, 2006, before appropriate authority, the same shall be decided after hearing all the concerned parties in accordance with law.
7. Accordingly, the Public Interest Litigation is disposed of with a direction that in case, the proceedings under Section 67 are initiated within a period of two weeks from today, the Revenue Authorities shall proceed to register a case and shall proceed in accordance with law against the encroachers.
Order Date :- 1.7.2024 pks