Anmol Kumar Saroj vs State Of Up And 4 Others
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Allahabad High Court

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

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:80031
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 129 of 2024
 

 
Petitioner :- Anmol Kumar Saroj
 
Respondent :- State Of Up And 4 Others
 
Counsel for Petitioner :- Kalamuddin,M. A. Siddiqui
 
Counsel for Respondent :- Azad Rai,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 the respondents to save the ponds land and remove the encroachment over the pond land i.e. Arazi No.850 measuring area 0.3990 hectare situated at Village Berui Pargana Sikandra, Tehsil Phoolpur, District Prayagraj."

3. The contention of learned Counsel for the petitioner is that land of Arazi No.850 measuring area 0.3990 hectare 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