Surya Prakash Yadav vs The State Of U.P. And 15 Others
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Allahabad High Court

Surya Prakash Yadav vs The State Of U.P. And 15 Others on 2 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:78809
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 795 of 2023
 

 
Petitioner :- Surya Prakash Yadav
 
Respondent :- The State Of U.P. And 15 Others
 
Counsel for Petitioner :- Ajay Bahadur Yadav,Sanjeev Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. Objections filed by learned counsel for the petitioner today, is taken on record.

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

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

"I) Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondents authorities to remove the illegal encroachment from the public utility lands pertaining to gata nos. 702 Ka/0.70, Kha/0.06, Ga/0.07, Gha/0.14, Anga/0.23, Cha/0.42, Chha/0.07, Ja/0.12, Jha/0.12, Inya/0.23 1/2, Ta/0.07, Tha/0.07, Da/0.14, Dha/0.52, Ana/1.41, Ta/0.46, Tha/03.0, Da/0.12,Dhha/3.72, Na/0.06, Pa/0.25, Pha/0.14, Ba/0.21, Bhha/0.07, Ma/0.56, Ya/0.06, Ra/1.16, La/0.10, Va/0.12, Sha/0.20, Sha/0.80, Ha/0.16, Tra/1.17, Gya/0.07, Kal/0.52, Khal/1.06, Gal/0.03, Gha1/0.64, Anga1/1.44, Cha 1/0.11, Chha 1/0.20, Ja 1/0.09 Acres situated in Mauja Kuraval Bujurg, Tappa- Bankat, Pargana- Dhuriyapar, Tahsil-Gola, District- Gorakhpur."

4. Learned Standing Counsel has stated that there are no encroachments over the land in question.

5. However, if still the petitioner is aggrieved, he may move 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.

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

7. 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.

8. With the aforesaid observation, the public interest litigation is disposed of.

Order Date :- 2.5.2024

Nitika Sri.

(Manish Kumar Nigam,J.)