Liyakat Ali vs State Of Up And 9 Others
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Allahabad High Court

Liyakat Ali vs State Of Up And 9 Others on 3 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:79453
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 413 of 2024
 

 
Petitioner :- Liyakat Ali
 
Respondent :- State Of Up And 9 Others
 
Counsel for Petitioner :- Gulab Chandra,Vinod Kumar Srivastava
 
Counsel for Respondent :- Bhupendra Kumar Tripathi,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 :

"(I) Issue a Public Interest Litigation, order or direction in the nature of Mandamus commanding to the concerned respondent authorities to get the unauthorized encroachments and obstructions existing over the public Rasta of village Sureri Tehsil Madiyahu Paragana Gopalpur, District Jaunpur within reasonable time fixed by this Hon'ble Court to secure the ends of justice.

(II). Issue writ order or direction in the nature of writ of Ad interim Mandamus commanding to the respondent District Magistrate, Jaunpur to pass appropriate final speaking orders on the application dated 2.2.2024 within reasonable time for removal of unauthorized encroachments of private respondents as may be fixed by this Hon'ble Court."

3. The contention of learned Counsel for the petitioner is that illegal encroachments over the public Rasta have been removed.

4. 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 26 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.

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

6. In case, the petitioner moves an application under Section 26 of Uttar Pradesh Revenue Code, 2006, before appropriate authority, the same shall be decided after hearing all the concerned parties in accordance with law.

7. Accordingly, the Public Interest Litigation is disposed of.

Order Date :- 3.5.2024

S. Singh