Prithvi Nath Pathak vs State Of U.P. And 7 Others
2023 Latest Caselaw 27334 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:191749
 
Court No. - 47
 

 
Case :- WRIT - C No. - 32941 of 2023
 

 
Petitioner :- Prithvi Nath Pathak
 
Respondent :- State Of U.P. And 7 Others
 
Counsel for Petitioner :- Anil Pratap Singh
 
Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
 

 
Hon'ble Manish Kumar Nigam,J.

1. Heard learned counsel for the petitioner, learned counsel for the respondent and learned Standing Counsel and perused the record.

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

A. Issue a writ, order or direction in the nature of mandamus commanding to respondent No. 2 to conclude and decide the application dated 29.05.2023 as complaint no. 20019523008063 submitted by the petitioner with reason and speaking order within the span of time forthwith.

B. Issue a writ, order or direction in the nature of mandamus commanding to respondent no. 2 to take action against the occupied person as respondent no. 5 to 8 and maintain a status of said pond as earlier.

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.

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 :- 5.10.2023

Nitika Sri.

(Manish Kumar Nigam,J.)