Braham Dev Upadhayay vs State Of Up And 4 Others
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Allahabad High Court

Braham Dev Upadhayay vs State Of Up And 4 Others on 3 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:79700
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 350 of 2024
 

 
Petitioner :- Braham Dev Upadhayay
 
Respondent :- State Of Up And 4 Others
 
Counsel for Petitioner :- Braham Dev Upadhayay,In Person
 
Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. This petition has been filed by the petitioner in person and even in the revised call, he has not appeared before the Court.

2. Instructions filed today is taken on record.

3. Perused the record.

4. The instant petition has been filed for the following relief:

"(i) Issue a writ, mandamus direction to the respondent no.3 for decide the application dated 17.10.2023 within stipulated period."

5. From perusal of the application, it appears that the respondent no.5 has encroached upon the land belonging to Khalihan.

6. 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.

7. Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition.

8. 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.

9. Accordingly, the Public Interest Litigation is disposed of.

Order Date :- 3.5.2024

S. Singh