Jitendra Yadav vs State Of Up And 5 Others
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Allahabad High Court

Jitendra Yadav vs State Of Up And 5 Others on 3 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:80008
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 894 of 2024
 

 
Petitioner :- Jitendra Yadav
 
Respondent :- State Of Up And 5 Others
 
Counsel for Petitioner :- Adnan Aamir
 
Counsel for Respondent :- 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 an appropriate writ, order or direction in nature of issue mandamus commanding the respondents to remove the encroachment made by respondent no.5 & 6 over the land in Pokhari's Arazi no. 82A and 82B(0.2530), 82C(0.0610) hectare, and mauza Khutwa chakroad no. 66 (0.0590) hectare, Village-Khutwa Tehsil, Saidpur District Ghazipur.

ii) Issue a writ order or direction in the nature of mandamus commanding/ directing the respondents not to restrict the free movement of he public in any manner."

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.)