Ansar Ali vs State Of U.P. And 5 Others
2024 Latest Caselaw 15754 ALL

Allahabad High Court

Ansar Ali vs State Of U.P. And 5 Others on 6 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:83240
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2705 of 2023
 
Petitioner :- Ansar Ali
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Dharmendra Kumar,Kuldeep Kumar Gupta
 
Counsel for Respondent :- Azad Rai,C.S.C.,Kanhaiya Lal,Mohammad Irshad Khan,Mohammed Iftekhar
 

 
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 :

"Issue a writ, order or direction in the nature of Mandamus commanding the respondents, especially, the respondent no.2, 3, 4 and 5 to remove the illegal encroachment being made by the respondent no.6 over the land having Gata No.170, measuring an area about 0.5370 Hectare, recorded as Khalihan land over the old revenue record, by constructing the house over the same, the concrete construction over the land in question."

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.]