Siya Ram vs State Of U.P. And 36 Others
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Allahabad High Court

Siya Ram vs State Of U.P. And 36 Others on 2 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:79008
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 359 of 2023
 

 
Petitioner :- Siya Ram
 
Respondent :- State Of U.P. And 36 Others
 
Counsel for Petitioner :- Guru Prasad,Vijay Shanker Chaurasia
 
Counsel for Respondent :- Azad Rai,C.S.C.
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. Case is called out in the revised list.

2. None appears on behalf of the petitioner to press this petition.

3. Perused the record.

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

"(I) Issue a writ order or direction in the nature of Mandamus directing the respondents authority to remove the encroachment of respondent Nos.6 to 37 over the land of Arazi No.42 (Old No.67), measuring area 10, Bigha 2 Biswa and 19 Dhur situated at Village Balihawan Deh, Post Muratganj, Tehsil Chayal, Kasiya, Bharwari, District Kaushambi, which is recorded as pond in the revenue records.

(II). Issue a writ order or direction in the nature of mandamus directing the respondents authority to restore the pond to its original position on the basis of old revenue records in respect of the land of Arazi No.42 (Old No.67), measuring area 10, Bigha 2 Biswa and 19 Dhur situated at Village Balihawan Deh, Post Muratganj, Tehsil Chayal, Kasiya, Bharwari, District Kaushambi."

5. From perusal of the record, it appears that land ofArazi No.42 (Old No.67), measuring area 10, Bigha 2 Biswa and 19 Dhur has been encroached by certain private respondents.

6. 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.

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

8. 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.

9. Accordingly, the Public Interest Litigation is dismissed.

Order Date :- 2.5.2024

S. Singh