Vikas Maurya vs State Of Up And 10 Others
2024 Latest Caselaw 16231 ALL

Allahabad High Court

Vikas Maurya vs State Of Up And 10 Others on 8 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:82290
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 917 of 2024
 

 
Petitioner :- Vikas Maurya
 
Respondent :- State Of Up And 10 Others
 
Counsel for Petitioner :- Anil Pratap Singh
 
Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.
 

 
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:

"I. Issue a writ, order or direction in the nature of mandamus commanding to respondent no. 3 to conclude and decide the application dated 15-04-2024 submitted by the petitioner in respect of removed the encroachment from the chak road no 2505 situate in Mauja- Kathiraon (Lathia), Pargana Pandrah, Tehsil- Pindara, District Varanasi after demarcation within stipulated period of time."

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 26 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 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.

6. With the aforesaid observation, the petition is disposed of.

Order Date :- 8.5.2024

Ved Prakash

(Manish Kumar Nigam,J.)