Rakesh Kumar @ Rakesh Tyagi vs State Of Up And 7 Others
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Allahabad High Court

Rakesh Kumar @ Rakesh Tyagi vs State Of Up And 7 Others on 3 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:80275
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 895 of 2024
 

 
Petitioner :- Rakesh Kumar @ Rakesh Tyagi
 
Respondent :- State Of Up And 7 Others
 
Counsel for Petitioner :- Ankit Tyagi,Pankaj Kumar Tyagi
 
Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. Heard learned counsel for the parties and perused the record.

2. This writ petition has been filed for the following reliefs:-

"(i) Issue a writ, order or direction in the nature of Mandamus directing the respondent nos.2 and 4 to take the action against the respondent nos.5 to 7 and vacate the land of Khasra No.961 area about 0.0100 hectare situated in Village-Barla, Tehsil and District-Muzaffar Nagar.

(ii) Issue a writ, order or direction in the nature of Mandamus directing the respondent nos.2 to 4 to decide the Application dated 12.09.2023 moved by the petitioner, which is still pending before them."

3. Learned counsel for the petitioner has submitted that Government land has been encroached by the respondent nos. 5, 6 & 7.

4. On instructions, learned Standing Counsel has submitted that a civil dispute is pending in the Civil Court. It has also been stated by learned Standing Counsel that in case, there is illegal encroachment over the land, the 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 judgment passed by this Court in Jahar Singh v. State of U.P. reported in 2017(4) ADJ 619 as well as in Kanhaiya Lal v. 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. With the aforesaid observation, the petition is disposed of.

Order Date :- 3.5.2024

Nitika Sri.

(Manish Kumar Nigam,J.)