Ram Lal vs State Of U.P. And 3 Others
2024 Latest Caselaw 15568 ALL

Allahabad High Court

Ram Lal vs State Of U.P. And 3 Others on 3 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:79872
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1770 of 2023
 

 
Petitioner :- Ram Lal
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Balendra Pratap Singh,Ghanshyam Das Mishra
 
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 the respondent no. 2 and 3 to remove the encroachment of plot no. 203-Sa related to Shreni 6(2) though the Khadanja road will be built and the respondent nos. 2 and 3 to immediately remove the encroachment and direct the respondent no. 4 to complete the Khadanja road with immediate effect."

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

Ved Prakash

(Manish Kumar Nigam,J.)