Santosh Kumar Kesarwani vs State Of U.P. And 5 Others
2024 Latest Caselaw 15782 ALL

Allahabad High Court

Santosh Kumar Kesarwani vs State Of U.P. And 5 Others on 6 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:83204
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2590 of 2023
 
Petitioner :- Santosh Kumar Kesarwani
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Jagadish Prasad Yadav
 

 
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 respondent no.2 to 4 to remove the illegal encroachment of respondent no.6 over the Khasra No.257-Ka area 0.7180 Hectare situated in Village - Shankargarh (Nagar), Pargana Bara, Tehsil - Bara, District - Prayagraj and to restore the status of the way/road in its original nature, within stipulated period as fixed by this Hon'ble Court."

3. On the basis of instructions, learned Standing Counsel has submitted that Khata No.257-Ka is not recorded as rasta.

4. Be that as it may be, I am not inclined to interfere with the matter.

5. Petitioner has an alternative remedy to approach appropriate authority by moving an application under Section 26 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.

6. In case, the petitioner moves an application under Section 26 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 of.

Order Date :- 6.5.2024

Rishabh

[Manish Kumar Nigam, J.]