Radharaman Pandey vs State Of U.P. And 8 Others
2023 Latest Caselaw 21606 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:162484
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1814 of 2023
 

 
Petitioner :- Radharaman Pandey
 
Respondent :- State Of U.P. And 8 Others
 
Counsel for Petitioner :- Sudarshan Singh,Anurag Pandey
 
Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
 

 
Hon'ble Syed Qamar Hasan Rizvi,J.

Heard Shri Sudarshan Singh, learned counsel for the petitioner and Shri Jitendra Narain Rai, learned Additional Chief Standing Counsel for the State-respondents No. 1 to 4.

Shri Sudarshan Singh, learned counsel for the petitioner submits that the plot bearing Gata No. 1950 recorded as 'Nali' in the revenue records and is the source of irrigation for the villagers. He submits that certain persons are creating obstacle in the free use of water-course or source of water.

Learned Additional Chief Standing Counsel has raised following preliminary objections:-

(1) The petition is not entertainable, as the petitioner has not disclosed the credentials and other details that are required under Sub-Rule (3-A) of Rule 1 of Chapter XXII of the Allahabad High Court Rules (Rules of Court, 1952), which has been amended in the light of judgment passed by the Hon'ble Supreme Court in State of Uttranchal versus Balwant Singh Chaufal & others reported in 2010 AIR SCW 1029.

(2) There is a statutory remedy available under Section 26 of the Revenue Code, 2006 that has not been availed by the petitioner, as such, the present writ petition is not maintainable.

Learned counsel for the petitioner submits that the petitioner may be permitted to withdraw the present public interest litigation with liberty to the petitioner to move appropriate application under Section 26 of the U.P. Revenue Code, 2006 before the Tehsildar concerned.

Learned Additional Chief Standing Counsel has no objection in case if this public interest litigation is decided with liberty granted to the petitioner to avail the remedy as available to him under law.

Considering the facts and circumstances of the case, this Court permits the petitioner to withdraw the present writ petition with a liberty to the petitioner to move an application under Section 26 of the U.P. Revenue Code, 2006 before the Tehsildar concerned.

In case, if such application is filed within a period of two weeks, the Tehsildar concerned shall consider and pass appropriate orders on it strictly in accordance with law.

The prayer so made by learned counsel for the petitioner is accepted.

Accordingly, this petition is disposed of with the aforesaid liberty and direction.

Order Date :- 10.8.2023

Sumaira