Balbeer vs State Of U.P. And 5 Others
2024 Latest Caselaw 15379 ALL

Citation : 2024 Latest Caselaw 15379 ALL
Judgement Date : 2 May, 2024

Allahabad High Court

Balbeer vs State Of U.P. And 5 Others on 2 May, 2024





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:79240
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2461 of 2023
 

 
Petitioner :- Balbeer
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Deepak Kumar Dubey,Yadavendra Dwivedi
 
Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta
 

 
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 being made by the Respondent no. 6 over the land having Arazi No. 271 measuring an area about 0.0520 Hectare, recorded as Gadhai Talab (Pond) land in the revenue records situated at village Mustafabad, Pargana Saltauwa Gopalpur, Tehsil Bhanpur, District Basti, by dumping the soils and getting constructed kuccha construction over Arazi No. 271-the land in question."

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.)