Raja Ram vs State Of U.P. And 7 Others
2024 Latest Caselaw 15125 ALL

Allahabad High Court

Raja Ram vs State Of U.P. And 7 Others on 1 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:79626
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1442 of 2023
 
Petitioner :- Raja Ram
 
Respondent :- State Of U.P. And 7 Others
 
Counsel for Petitioner :- Ashish Kumar
 
Counsel for Respondent :- Azad Rai
 

 
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 :

"Issue, a writ, order or direction in the nature of Mandamus commanding/directing the Respondents, especially, the Respondent no.s 2, 3 4 and 5 to remove the illegal encroachment being made by the Respondent nos. 6, 7 and 8 over the land having Gata No. 715 measuring an area bout 0.0430 Hectare situated at village Sultanpur Khas, Pargana Nawabganj, Tehsil Soraon, District Prayagraj, recorded as Chakroiad in the revenue record."

3. Learned Standing Counsel has raised a preliminary objection that 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.

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 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.

6. Accordingly, the Public Interest Litigation is disposed of.

Order Date :- 1.5.2024

Rishabh

[Manish Kumar Nigam, J.]