Krishna Bhan Singh vs State Of U.P. And 13 Others

Allahabad High Court

Krishna Bhan Singh vs State Of U.P. And 13 Others on 29 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:97525
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1080 of 2024
 

 
Petitioner :- Krishna Bhan Singh
 
Respondent :- State Of U.P. And 13 Others
 
Counsel for Petitioner :- Kamlesh Kumar,Santosh Kumar Pandey
 
Counsel for Respondent :- Azad Rai,C.S.C.
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. Heard learned counsel for the parties and perused the record.

2. The present petition has been filed with the following prayer:

"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to vacate the encroachment in Gram Sabha Land, Khasra No. 4088, Rakba about 0.2750 hect. (Khalihan) situated in Gram Sabha-Chauhan Ka Pura, Pargana & Tehsil- Soraon, District Prayagraj which is encroached by the Respondent No. 6 to 14 by way of constructing the boundary wall and also direct the respondents to take necessary action against the Respondent No. 6 to 14."

3. Learned 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 as well as in Kanhaiya Lal v. State of U.P. and others reported in 2023 (12) ADJ 226.

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

5. In 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.

6. With the aforesaid observation, the petition is disposed of.

Order Date :- 29.5.2024 Ved Prakash (Manish Kumar Nigam,J.)