Vijay Kumar Saroj vs State Of Up And 3 Others
2024 Latest Caselaw 15525 ALL

Allahabad High Court

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

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:79419
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 208 of 2024
 

 
Petitioner :- Vijay Kumar Saroj
 
Respondent :- State Of Up And 3 Others
 
Counsel for Petitioner :- Piyush Kant Vishwakarma
 
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 writ, order or direction in the nature of mandamus directing and commanding the District Magistrate, Jaunpur (respondent no.2) to remove the encroachment/construction work being carried out over the land gata/araji No.1141 Ka, area 0.2830 hectare recorded as Usar and Gata/Araji No.1141 Kha, area 0.1210 hectare recorded as 'Banzar' in revenue papers of village Itahara, Pargana Mungra, Tehsil Machhalishahar, District Jaunpur.

(II) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to stay the construction work being carried out over the land gata/araji No.1141 Ka, area 0.2830 hectare recorded as 'Usar' and Gata/Araji No.1141 Kha, area 0.1210 hectare recorded as 'Banzar' in revenue papers of village Itahara, Pargana Mungra, Tehsil Machhalishahar, District Jaunpur during pendency of this PIL."

3. The contention of learned Counsel for the petitioner is that land of Gata/Araji No.1141 Ka, area 0.2830 hectare recorded as 'Usar' and Gata/Araji No.1141 Kha, area 0.1210 hectare recorded as 'Banzar' has been encroached by certain persons of the Village.

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