Vijay vs State Of Up And 8 Others
2024 Latest Caselaw 15524 ALL

Allahabad High Court

Vijay vs State Of Up And 8 Others on 3 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:79431
 
Court No. - 49
 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 136 of 2024
 
Petitioner :- Vijay
 
Respondent :- State Of Up And 8 Others
 
Counsel for Petitioner :- Pramod Kumar Mishra,Suneel Kumar Mishra
 
Counsel for Respondent :- Avinash Chandra Srivastava,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) A writ, order or direction in the nature of mandamus directing the respondents authorities to take the decision upon the application of the petitioner and remove the illegal encroachment over the Gata No.230M area 5.0640 hectare and Gata No.316 area 0.6360 hectare and Gata No.317 area 1.2950 hectare, which is situated at Village Agaryala, Tehsil Chhata, District Mathura recorded in the revenue record as Pastureland and Pond, made by the respondent nos.6 to 9.

(II). A writ order or direction in the nature mandamus commanding directing the respondent's authority to consider and decide the representation of the petitioner (Annexure No.5) to this writ petition within stipulated period which may be fixed by this Hon'ble Court."

3. The contention of learned Counsel for the petitioner is that land ofGata No.230M area 5.0640 hectare and Gata No.316 area 0.6360 hectare and Gata No.317 area 1.2950 hectare has been encroached by certain private respondents.

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 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.

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 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.

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

Order Date :- 3.5.2024/S. Singh