Deena Nath Rai vs State Of Up And 7 Others
2024 Latest Caselaw 15065 ALL

Allahabad High Court

Deena Nath Rai vs State Of Up And 7 Others on 1 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:77438
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 876 of 2024
 

 
Petitioner :- Deena Nath Rai
 
Respondent :- State Of Up And 7 Others
 
Counsel for Petitioner :- Prashant Yadav,Rajeev Kumar
 
Counsel for Respondent :- C.S.C.,Sudhir Bharti
 

 
Hon'ble Manish Kumar Nigam,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) Issue an order or direction in the nature of Mandamus commanding the respondent authorities specially respondent no.3 to get conduct the demarcation and evict the respondent no.5 to 8 from Gata No.687/0.35 di. recorded as navin parati, 769/0.25 di., recorded as banjar 697/0.06 di recorded a nali, 702 and 704/0.08 di., recorded as rasta, 551/0.25 di., recorded as charagah and Gata No.677/053 hectare recorded as navin parati situated in village panchayat Ganti, Pargana Salempur, Tehsil Bhatpur Rani, District Deoria within the stipulated period as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."

3. The contention of learned Counsel for the petitioner is that land of Gata No.687/0.35 di. recorded as navin parati, 769/0.25 di., recorded as banjar 697/0.06 di recorded a nali, 702 and 704/0.08 di., recorded as rasta, 551/0.25 di., recorded as charagah and Gata No.677/053 hectare recorded as navin parati has been encroached by certain private respondents.

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 67 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 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.

7. Accordingly, the Public Interest Litigation is dismissed.

Order Date :- 1.5.2024

S. Singh