Dayaram vs State Of U.P. And 7 Others
2023 Latest Caselaw 26227 ALL

Citation : 2023 Latest Caselaw 26227 ALL
Judgement Date : 25 September, 2023

Allahabad High Court

Dayaram vs State Of U.P. And 7 Others on 25 September, 2023

Bench: Manish Kumar Nigam





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:185652
 
Court No. - 47
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2096 of 2023
 

 
Petitioner :- Dayaram
 
Respondent :- State Of U.P. And 7 Others
 
Counsel for Petitioner :- Vijay Singh Sengar,Satish Chandra Dubey
 
Counsel for Respondent :- C.S.C.,Deepak Gaur
 

 
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:

"(i). Issue, an appropriate writ, order or direction in the nature of mandamus, commanding the respondents to get the reserved lands being Gata No.81, area 0.105 hectare and Gata No.96 area 0.040 hectare (mortuary), Gata No.95 area 0.036 hectare (manure pit), Gata No.91 area 0.020 hectare (drain) and Gata No.92 area 0.0214 hectare (public path) situated at Village-Sikandarapur, Tehshil-Konch, Disrict-Jalaun, vacated from illegal occupation/possession of the respondent nos.5-8 including other villagers and further to restore the same for its original use of villagers within a short stipulated period as fixed by this Hon'ble Court.

(ii). Issue, an appropriate writ, order or direction in the nature of mandamus, commanding the respondents to take an appropriate decision/action in furtherance of petitioner's pending representations dated 22.12.2022 and 17.02.2023 regarding restoration of reserved lands to its original use by villagers."

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 expeditiously 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

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