Yogendra Singh vs State Of U.P. And 5 Others
2023 Latest Caselaw 26222 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:185572
 
Court No. - 47
 

 
Case :- WRIT - C No. - 32874 of 2023
 

 
Petitioner :- Yogendra Singh
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Arvind Agrawal
 
Counsel for Respondent :- C.S.C.
 

 
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 respondent no. 2 to 4 to take effective steps for the removal/demolition of illegal construction raised by private respondent no. 5 and 6 on Plot No. 421 area 0.065 hectare which is registered as Aagar Land (Gaon Sabha Land) in the revenue records, and ensure the clear passage to access to the bhumidhari land of petitioner i.e. plot no. 419 situated at Village Bhukhlara, Village Panchayat Khediya, Block Sahpau, Tehsil Sadabad, District Hathras.

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 :- 25.9.2023

Ved Prakash

(Manish Kumar Nigam, J.)