Rajnath vs State Of U.P. And 4 Others
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Allahabad High Court

Rajnath vs State Of U.P. And 4 Others on 1 December, 2023

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:228044
 
Court No. - 47
 

 
Case :- WRIT - C No. - 41311 of 2023
 

 
Petitioner :- Rajnath
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Alok Kumar Gupta,Sanjay Kumar Singh
 
Counsel for Respondent :- C.S.C.,Pradeep Singh
 

 
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). to issue a writ, order or direction in the nature of Mandamus directing the respondent no.3 to remove the said illegal construction/encroachment from Talab situated at Gata No.172, Village Jiyanpur, Tehsil-Aurai, District Sant Ravidas Nagar, Bhadohi."

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 judgments passed by this Court in case of Jahar Singh v. State of U.P. reported in 2017(4) ADJ 619 and in Public Interest Litigation (PIL) No.2117 of 2023 (Kanhaiya Lal vs. State of U.P. and 14 others), decided on 27.9.2023.

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 these observations, the present writ petition stands disposed of.

Order Date :- 1.12.2023

S. Singh