Surendra Kumar vs State Of U.P. And 4 Others
2024 Latest Caselaw 15970 ALL

Allahabad High Court

Surendra Kumar vs State Of U.P. And 4 Others on 7 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:83570
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2307 of 2023
 
Petitioner :- Surendra Kumar
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Shashank Kumar,Vinod Kumar Yadav
 
Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.,Santosh Kumar Rai
 

 
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 Respondents no.2 and 3 to take appropriate legal action against the Respondent no.4 and 5, involved in the illegal encroachment over the public utility land consisting of new Arazi Nos. 355, (Old No. 65/1, 65/2, 208/1, 208/2, 266) and Gata No. 263 (Old No. 208, 65/2, 490) and Gata No. 148 (Old No. is 243) situated in village Kisohari Pargana and Tehsil Saidpur, District Ghazipur and to restore the said Rasta and Banjar Land (Gaon Samaj Land) in their original shape by removing the illegal construction;

ii) issue a writ, order or direction in the nature of mandamus commanding the Respondent No. 3 to decide the representations dated 05.06.2023 (Annexure No. 6 to this Writ Petition) by passing a reasoned and speaking order, within the time frame as fixed by this Hon'ble High Court after providing opportunity of hearing to the Petitioner.

iii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to expunge the name of respondent Nos. 4 and 5 form the public utility land consisting of Arazi No. 355, (Old No. 65/1, 65/2, 208/1, 208/2, 266). And Gata No. 263 (Old No. 208, 65/2, 490) and Gata No. 148 (Old No. is 243) situated in village Kisohari Pargana and Tehsil Saidpur, District Ghazipur in pursuance of the order dated10.5.1999 passed by the Additional District Magistrate, Finance and Revenue, Ghazipur, forthwith."

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 :- 7.5.2024

Rishabh

[Manish Kumar Nigam, J.]