Dhananjay Singh vs State Of U.P. And 7 Others
2023 Latest Caselaw 30025 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:206721
 
Court No. - 47
 

 
Case :- WRIT - C No. - 37250 of 2023
 

 
Petitioner :- Dhananjay Singh
 
Respondent :- State Of U.P. And 7 Others
 
Counsel for Petitioner :- Ramesh Kumar Mishra,Gyanendra Kumar Mishra
 
Counsel for Respondent :- CSC,Azad Rai
 

 
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 the state respondents to remove the illegal possession/ encroachment made by the private respondents from the Gaon Sabha land of plot No. 735 area 0.680 hectare, recorded as Khalihan in the Khatauni situated at Village- Agrapatti, Pargana- Sikandara, Tehsil- Phoolpur, District- Prayagraj, without time bound frame."

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 :- 30.10.2023

Nitika Sri.

(Manish Kumar Nigam, J.)