Ram Jatan Chauhan vs State Of Up And 4 Others
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Allahabad High Court

Ram Jatan Chauhan vs State Of Up And 4 Others on 1 July, 2024

Author: Ashutosh Srivastava

Bench: Ashutosh Srivastava

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:106290
 
Court No. - 50
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1113 of 2024
 

 
Petitioner :- Ram Jatan Chauhan
 
Respondent :- State Of Up And 4 Others
 
Counsel for Petitioner :- Tariq Maqbool Khan
 
Counsel for Respondent :- C.S.C.,Sudhir Bharti
 

 
Hon'ble Ashutosh Srivastava,J.
 

1. Heard learned Counsel for the parties and perused the record.

2. The instant Public Interest Litigation has been filed for the following relief :

"(i) to issue a writ, order or direction in the nature of mandamus directing the respondent concerned to remove the illegal encroachment over the public utility Khadd/Gaddha situated in village Bariyarpur, District Mahrajganj recorded in the revenue record.

(ii) to issue a writ, order or direction directing in the nature of mandamus commanding the respondent concerned to decide the representation dated 20.12.2023 as well as 11.02.2024 moved by the petitioner along with other villagers which is still pending before the authority concerned (Annexure No. 3 to this PIL).

4. 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 26 of the Uttar Pradesh Revenue Code, 2006 in view of the judgments passed by this Court in case of Jahar Singh v. State of U.P. reported in 2017(4) ADJ 619 as well as in Kanhaiya Lal Vs. State of U.P. and others reported in 2023 (12) ADJ 226.

5. Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition.

6. In case, the petitioner moves an application under Section 26 of Uttar Pradesh Revenue Code, 2006, before appropriate authority, the same shall be decided after hearing all the concerned parties in accordance with law.

7. Accordingly, the Public Interest Litigation is disposed of with a direction that in case, the proceedings under Section 67 are initiated within a period of two weeks from today, the Revenue Authorities shall proceed to register a case and shall proceed in accordance with law against the encroachers.

Order Date :- 1.7.2024

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