Rahul Malik vs State Of Up And 4 Others
2024 Latest Caselaw 16358 ALL

Allahabad High Court

Rahul Malik vs State Of Up And 4 Others on 9 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:83456
 
Court No. - 49
 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 924 of 2024
 
Petitioner :- Rahul Malik
 
Respondent :- State Of Up And 4 Others
 
Counsel for Petitioner :- Avadhesh Pratap Singh,Sandeep Kumar Singh
 
Counsel for Respondent :- C.S.C.,Sunil Kumar 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 writ, order or direction in the nature of mandamus commanding to the respondent no.3 to take an appropriate action and may ensure the removal of encroachment over the land of Khata No.436, area 1.2520 hectare, which is recorded pond (???????? 6.1 ?????? ????), Khata No.446 area 0.1260 Hectare which is recorded play ground (???????? 6.1 ??? ?? ?????), Khata No.447 area 0.0630 Hectare which is recorded (???????? 6.1 ??? ?? ?????), Khata No.488 area 0.3860 Hectare which is recorded school (???????? 1) and Khata No.449 area 0.3890 Hec., which is recorded Banzar (????) which are situated in village Silana, Tehsil Baraut, District Baghpat.

3. The contention of learned Counsel for the petitioner is that land ofKhata No.436, area 1.2520 hectare, Khata No.446 area 0.1260 Hectare, Khata No.447 area 0.0630 Hectare, Khata No.488 area 0.3860 Hectare and Khata No.449 area 0.3890 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 :- 9.5.2024

S. Singh