Sunil Singh vs State Of U.P. And 7 Others
2024 Latest Caselaw 15748 ALL

Allahabad High Court

Sunil Singh vs State Of U.P. And 7 Others on 6 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:82140
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1237 of 2023
 
Petitioner :- Sunil Singh
 
Respondent :- State Of U.P. And 7 Others
 
Counsel for Petitioner :- Yashwant Pratap Singh
 
Counsel for Respondent :- C.S.C.,Sudhir Bharti
 

 
Hon'ble Manish Kumar Nigam,J.
 

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

2. The instant Public Interest Litigation has been filed for the following relief :

"i) Issue a writ order or direction in the nature of mandamus commanding and directing the Respondent No.2 to 4 to remove illegal encroachment of the respondent No.6 to 8 and to stop the Respondent No.5 from misusing the Government Fund by making Naali over the Arazi No.320/0.400 hectare situated at Village Rudrapur, Pargana Tilpur, Tehsil Nichlaul, District Mahrajganj, which is registered as Pond (Public Utility Land) in the revenue record of fasli year 1425-1439 and to take necessary action against the responsible person.

ii) Issue a writ order or direction in the nature of mandamus commanding and directing the Respondent No.2 to 4 to take appropriate decision upon the application of the petitioner dated 10/05/2023, pending before them, within stipulated period as may be fixed by this Hon'ble Court."

3. Learned Standing Counsel has raised a preliminary objection that 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 judgments passed by this Court in case of Jahar Singh v. State of U.P. reported in 2017(4) ADJ 619 as well as in Kanhaiya Lal Vs. 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. Accordingly, the Public Interest Litigation is disposed of.

Order Date :- 6.5.2024

Rishabh

[Manish Kumar Nigam, J.]