Moolchand Singh And Another vs State Of U.P. And 26 Others
2024 Latest Caselaw 15780 ALL

Citation : 2024 Latest Caselaw 15780 ALL
Judgement Date : 6 May, 2024

Allahabad High Court

Moolchand Singh And Another vs State Of U.P. And 26 Others on 6 May, 2024





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:82128
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1071 of 2023
 
Petitioner :- Moolchand Singh And Another
 
Respondent :- State Of U.P. And 26 Others
 
Counsel for Petitioner :- Shiv Kumar Singh
 
Counsel for Respondent :- Krishna Kant Singh
 

 
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) To issue a writ, order or direction in the nature of mandamus commanding Collector, Aligarh (Respondent No.2) to remove encroachment from the pond in question situated in Gata No.65 Area 2.5 Bigha, Gata No.120 Area 4 Bigha, Village Sikarana, Tehsil - Koil, District - Aligarh.

ii) to issue a writ order or direction in the nature of certiorari quashing the impugned order dated 01.11.2022 passed by District Magistrate, Aligarh (Annexure 1 to the writ petition)."

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.]