Mata Sevak Dubey vs State Of U.P. And 20 Others
2023 Latest Caselaw 26228 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:185140
 
Court No. - 47
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2094 of 2023
 

 
Petitioner :- Mata Sevak Dubey
 
Respondent :- State Of U.P. And 20 Others
 
Counsel for Petitioner :- Bal Ram Bind
 
Counsel for Respondent :- C.S.C.,Pradeep Singh
 

 
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 authority of respondent no. 2 and 3 to take effective action after making necessary enquiry at their own level and to remove the encroachment and illegal construction of the respondent no. 5 to 21 made over the Arazi No. 00062/0.2500 hectare made over the public utility land of Gaon Sabha recorded as Khalihan, Purani Parti and Usar lands under category of 6-1, 5-2 and 6-4 in the Revenue Record of Gaon Sabha, Gokul Patti, Tehsil Bhadohi, District Sant Ravidas Nagar.

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.)