Rishi Pal And 2 Others vs State Of Up And 7 Others
2024 Latest Caselaw 15526 ALL

Allahabad High Court

Rishi Pal And 2 Others vs State Of Up And 7 Others on 3 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:79429
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 296 of 2024
 

 
Petitioner :- Rishi Pal And 2 Others
 
Respondent :- State Of Up And 7 Others
 
Counsel for Petitioner :- Jai Kishan,Vipin Kumar
 
Counsel for Respondent :- C.S.C.,Sunil Kumar Singh
 

 
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 the respondent no.2 to restrain the illegal construction over the public land 'Khaad Gadda' Gata No.369 Rakba 0.0570 Hectare situated in Village Barkheda Hasangadhi, District Bulandshahar being raised by respondent no.6 7 and 8.

(II) Issue any other writ order or direction in the nature of mandamus directing the respondent No.2 i.e. District Magistrate, Bulandshahar to pass an appropriate order upon the representation dated 2.2.2024 (Annexure no.2) moved by the petitioner in regard of public utility land being Gata No.369 Rakba 0.0570 Hectare reserved for Khaad Gadda situated in Village Barkheda Hasangadhi, District Bulandshahar to restrain the construction illegally being done over the said land."

3. The contention of learned Counsel for the petitioner is that land ofGata No.369 Rakba 0.0570 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