Anil Singh vs Union Of India And 5 Others
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Allahabad High Court

Anil Singh vs Union Of India And 5 Others on 2 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:78715
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1615 of 2023
 

 
Petitioner :- Anil Singh
 
Respondent :- Union Of India And 5 Others
 
Counsel for Petitioner :- Alok Kumar Srivastava,Jay Prakash Singh
 
Counsel for Respondent :- A.S.G.I.,Bhupendra Kumar Tripathi,C.S.C.,Swarn Lata Suman
 

 
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:

"I. Issue a writ, order or direction in the nature of Mandamus commanding the respondents, especially, the respondent nos. 2,3, 4 and 5 to remove the illegal encroachment, made by the several residents of the village, over the Gata No. 933 measuring an area about 1.9000 Hectare and Gata No. 390 measuring an area about 0.6379 Hectare, situated at Village Gadaipur, Pargana Bahariyabad, Block Sadat, Tehsil Jakhaniya, District Ghazipur recorded as Talab in the revenue records, vested in Gaon Sabha and to ensure the construction of Amrit Sarovar over the complete area of lands recorded as Talab- the public utility lands."

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

Nitika Sri.

(Manish Kumar Nigam,J.)