Santosh Kumar vs State Of U.P. And 7 Others
2024 Latest Caselaw 15952 ALL

Allahabad High Court

Santosh Kumar vs State Of U.P. And 7 Others on 7 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:81609
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1675 of 2023
 

 
Petitioner :- Santosh Kumar
 
Respondent :- State Of U.P. And 7 Others
 
Counsel for Petitioner :- Ashok Kumar Yadav,Bhriguram Ji,Nilesh Kumar Dubey,Ram Chandra Srivastava,Shashi Shankar Shukla
 
Counsel for Respondent :- Manoj Kumar,Sudhir Bharti
 

 
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 :

"(A). Issue a writ order, or direction in the nature of mandamus commanding the State respondents to remove the illegal encroachments from Gata No.218 area 0.0200 Hect. which is recorded as a navin parti and also Gata no.220 area 0.0320 Hec. recorded as a Devstan in the revenue record of the Gram Sabha Jangal rasoolpur No.1 Tehsil Chauri Chaura, District Gorakhpur .

(B). Issue any other writ order or direction in the nature of mandamus commanding to the respondent No.4 to decide the representation dated 12.06.2023 regarding removal of the illegal encroachment in the Gata No.218 area 0.0200 Hect. which is recorded as a navin parti and also Gata No.220 area 0.0320 Hec. recorded as a Devstan in the revenue record of the Gram Sabha Jangal rasoolpur No.1 Tehsil Chauri Chaura, District Gorakhpur and matter is pending till today."

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 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 dismissed.

Order Date :- 7.5.2024

Mini

(Manish Kumar Nigam,J.)