Smt Singari Devi And Another vs State Of Up And 5 Others
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Allahabad High Court

Smt Singari Devi And Another vs State Of Up And 5 Others on 2 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:78368
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 847 of 2024
 

 
Petitioner :- Smt Singari Devi And Another
 
Respondent :- State Of Up And 5 Others
 
Counsel for Petitioner :- Ashok Kumar,Faheem Ahmad
 
Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the record.

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

"I. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 4 to 6 not to interfere in the possession of Gaon Sabha over Plot No. 921 (New No. 1507) area .76 Kari (.030 hectare0 Village-Jagdispur Pargana and Tehsil Nizamabad District Azamgarh and also in solemnizing the Hot (Mela) on the festivals."

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 :- 2.5.2024

Ved Prakash

(Manish Kumar Nigam,J.)