Amar Nath Alias Chandu vs State Of Up And 7 Others
2024 Latest Caselaw 16249 ALL

Citation : 2024 Latest Caselaw 16249 ALL
Judgement Date : 8 May, 2024

Allahabad High Court

Amar Nath Alias Chandu vs State Of Up And 7 Others on 8 May, 2024





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:82336
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 921 of 2024
 

 
Petitioner :- Amar Nath Alias Chandu
 
Respondent :- State Of Up And 7 Others
 
Counsel for Petitioner :- Mukul Yadav,Rajesh Yadav
 
Counsel for Respondent :- C.S.C.,Dharmaveer 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) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to remove the illegal encroachment from the Gata No.363M area 0.0630 hectare which is recorded as Banjar in the Revenue record situated at Village Rastipur, Tehsil Maunath Bhanjan, District Mau by adopting procedure of U.P. Revenue Code, 2006."

3. The contention of learned Counsel for the petitioner is that land of Gata No.363M area 0.0630 hectare has been encroached by certain persons of the Village.

4. 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.

5. Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition.

6. 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.

7. Accordingly, the Public Interest Litigation is disposed off.

Order Date :- 8.5.2024

S. Singh