Vijay Raj vs State Of U.P. And 8 Others
2024 Latest Caselaw 15758 ALL

Allahabad High Court

Vijay Raj vs State Of U.P. And 8 Others on 6 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:80406
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 875 of 2022
 

 
Petitioner :- Vijay Raj
 
Respondent :- State Of U.P. And 8 Others
 
Counsel for Petitioner :- Rameshwar Singh Kushwaha
 
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 instant Public Interest Litigation has been filed for the following relief :

"(I) Issue a writ order or direction in the nature of mandamus commanding the respondent nos.2,3 and 4 to remove the illegal encroachment of Pakka and Kaccha house on the Pond (Talab) land, Gata No.59, area 1.986 hectare situated in Village Korari, Pargana and Tehsil-Bara, District Prayagraj."

3. The contention of learned Counsel for the petitioner is that land of Gata No.59, area 1.986 hectare has been encroached by certain private respondents.

4. 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 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.

5. Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition.

6. 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.

7. Accordingly, the Public Interest Litigation is disposed off.

Order Date :- 6.5.2024

S. Singh