Dinesh Kumar @ Nilesh Kumar vs State Of Up And 4 Others
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Allahabad High Court

Dinesh Kumar @ Nilesh Kumar vs State Of Up And 4 Others on 3 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:80208
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 852 of 2024
 

 
Petitioner :- Dinesh Kumar @ Nilesh Kumar
 
Respondent :- State Of Up And 4 Others
 
Counsel for Petitioner :- Vijay Bahadur Yadav
 
Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.
 

 
Hon'ble Manish Kumar Nigam,J.
 

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

2. The present petition has been filed with the following prayer:

"I. A writ of mandamus directing to the Respondent No.-2 and 3 to remove the illegal encroachment from the Araji No.-58 area 0.0400 Hectare recorded as Khalihan and Araji No.-59, area 0.028 Hectare recorded as manure pit in the revenue record, situated in Mauja-Prempur, Paragana-Haveli, Tehsil-Haveli, District- Jaunpur.

2. A writ of mandamus directing to the Respondent No.-2 and 3 to take the necessary action against the Respondent No. 4 to remove the illegal encroachment from the Araji No.-58 area 0.0400 Hectare recorded as Khalihan and Araji No.-59,area 0.028 Hectare recorded as manure pit in the revenue record, situated in Mauja- Prempur, Paragana-Haveli, Tehsil-Haveli, District- Jaunpur."

3. 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 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.

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

5. 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.

6. With the aforesaid observation, the petition is disposed of.

Order Date :- 3.5.2024

Nitika Sri.

(Manish Kumar Nigam,J.)