Alakh Narayan vs State Of U.P. And 3 Others
2024 Latest Caselaw 15117 ALL

Allahabad High Court

Alakh Narayan vs State Of U.P. And 3 Others on 1 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:77655
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 839 of 2024
 

 
Petitioner :- Alakh Narayan
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Asif Akbar
 
Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.
 

 
Hon'ble Manish Kumar Nigam,J.
 

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

2. The present petition has been filed with the following prayer:

"a) To issue a writ, order or direction in the nature of mandamus thereby directing the respondent no. 1 to 4 to cause vacation of unauthorized and illegal possession over the land bearing arazi no. 510/0.405 hectare situated at village - Lahangpur Pargana- Bayalsi Tahsil Kerakat District Jaunpur and reserved as playground by consolidation, being a land of public utility and further be pleased to direct the respondents to restore the land aforesaid for the purpose originally it has been secured for the use of general public in light of the fact and circumstances of the case as this honble court deemed fit & proper in the interest of public justice."

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 as well as in Kanhaiya Lal v. State of U.P. and others reported in 2023 (12) ADJ 226.

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 :- 1.5.2024

Ved Prakash

(Manish Kumar Nigam,J.)