Sarita vs State Of Up And 3 Others
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Allahabad High Court

Sarita vs State Of Up And 3 Others on 3 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:79461
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 520 of 2024
 

 
Petitioner :- Sarita
 
Respondent :- State Of Up And 3 Others
 
Counsel for Petitioner :- Rakesh Kumar Yadav,Virendra Yadav
 
Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
 

 
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 commanding the respondents to remove the illegal possession/encroachment over gram Sabha land (Pond) bearing Gata No.471-B, area 0.227 hectare (Pond) situated in Village-Lohatiker, Tehsil-Mohammadabad Gohana, District-Mau."

3. The contention of learned Counsel for the petitioner is that land of Gata No.471-B, area 0.227 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 of.

Order Date :- 3.5.2024

S. Singh