Sunil Kumar vs State Of Up And 4 Others
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Allahabad High Court

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

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:80286
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 889 of 2024
 

 
Petitioner :- Sunil Kumar
 
Respondent :- State Of Up And 4 Others
 
Counsel for Petitioner :- Amrendra Tiwari,Indradeep Dubey,Saurabh Kumar Pandey
 
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 present petition has been filed with the following prayer:

"I. Issue a writ order or direction in the nature of mandamus commanding directing to the respondents authorities to remove the illegal encroachment caused by some villagers over plot no. 98 area 0.5070 hectare which is recorded as road in the revenue records of the Village Shahpur Khurd Tappa Kohdaar Pargana Khairagarh, Tehsil Meja, District- Praygaraj. Within a reasoned and stipulated fixed by this Hon'ble court."

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 26 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 26 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.)