Nishar Ahmad vs State Of U.P. And 8 Others
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Allahabad High Court

Nishar Ahmad vs State Of U.P. And 8 Others on 6 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:80345
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 899 of 2024
 

 
Petitioner :- Nishar Ahmad
 
Respondent :- State Of U.P. And 8 Others
 
Counsel for Petitioner :- Parmeshwar Yadav
 
Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta
 

 
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:

"(a). issue a writ, order or direction in the nature of mandamus directing the respondent to vacate the illegal construction over the pond plot no. 230ka, 230kha and 231 Area 0.0540, 0.1260 and 0.6400 hectgare and Khalihan plot no. 228ka area 0.8170 hectare situated at Village- Pakari Nandlal, Tehsil -Dumariyaganj, District-Siddharth Nagar and restore the pond and public utility land on its original nature and status."

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 :- 6.5.2024

Ved Prakash

(Manish Kumar Nigam,J.)