Parvej Alam vs State Of U.P. And 18 Others
2024 Latest Caselaw 15386 ALL

Allahabad High Court

Parvej Alam vs State Of U.P. And 18 Others on 2 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:80145
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2887 of 2023
 
Petitioner :- Parvej Alam
 
Respondent :- State Of U.P. And 18 Others
 
Counsel for Petitioner :- Mohd. Monis
 
Counsel for Respondent :- Azad Rai,C.S.C.
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. Heard learned Counsel for the parties and perused the record.

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

"Issue a order or direction in the nature of mandamus directing the respondent no.2, 3 and 4 to remove the illegal encroachment over the Arazi Gata no.711 area 1.6660 hectare recorded as Pond in the revenue record which is situated at Mauza/village Panchayat Fathepur Mafi, Pargana Mah, Tehsil - Handia, District Prayagraj Uttar Pradesh."

3. Learned Standing Counsel has raised a preliminary objection that 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.

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. Accordingly, the Public Interest Litigation is disposed of.

Order Date :- 2.5.2024

Rishabh

[Manish Kumar Nigam, J.]