Noor Hasan vs State Of Up And 4 Others
2024 Latest Caselaw 15565 ALL

Allahabad High Court

Noor Hasan vs State Of Up And 4 Others on 3 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:80230
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 854 of 2024
 

 
Petitioner :- Noor Hasan
 
Respondent :- State Of Up And 4 Others
 
Counsel for Petitioner :- Mohd. Asim Zulfiquar
 
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. This writ petition has been filed for following relief:

"i) Issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 and 3 to remove the illegal encroachment from the arazi no.194 area 0.5480 hectare recorded in revenue record as pond (Talab) in fasli year 1429 to Fasli 1434 and several part of the said public land encroached by respondent no.5 and some other person by constructing their house and other mode."

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.)