Satish Kumar vs State Of Up And 4 Others
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Allahabad High Court

Satish Kumar vs State Of Up And 4 Others on 3 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:79685
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 385 of 2024
 

 
Petitioner :- Satish Kumar
 
Respondent :- State Of Up And 4 Others
 
Counsel for Petitioner :- Pravesh 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 :

"It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to issue a writ, order or direction in the nature of mandamus directing the respondent nos.2 and 3 to decide the application of the petitioner dated 13.2.2024 which is pending before the respondent Nos.2 and 3 (Annexure No.2 to this Public Interest Litigation(PIL).

It is further provided that this Hon'ble Court may graciously be pleased to direct the respondent nos.2 and 3 to remove the illegal encroachment made by respondent nos.4 and 5 on Gata No.284 & 303 (registered in Government record as use of "Marghat") situated at Vilalge Pachote, Post Shikhera, Pargana and Tehsil-Sadar, District- Bulandshahar forthwith in the public interest otherwise the petitioner as well as public at large shall suffer irreparable loss and injury and/or pass such other and further order which may deem fit and proper in the facts and circumstances of the case."

3. The contention of learned Counsel for the petitioner is that land of Gata No.284 & 303 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 of.

Order Date :- 3.5.2024

S. Singh