Jagdeesh Kumar vs State Of U.P. And 7 Others
2024 Latest Caselaw 16470 ALL

Allahabad High Court

Jagdeesh Kumar vs State Of U.P. And 7 Others on 9 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:83568
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 923 of 2024
 

 
Petitioner :- Jagdeesh Kumar
 
Respondent :- State Of U.P. And 7 Others
 
Counsel for Petitioner :- Seraj Ahmad
 
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:

"a. Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent No. 2 and 3 to immediately remove unauthorized/ illegal encroachment of respondent no. 5 to 8 from the Arazi No. 701 rakba 0.0610 Hect registered as Bheeta in the revenue records of Gram Sabha-Mahrav, Pargana-Bayalsi, Tehsil-Kerakat, District - Jaunpur."

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

Order Date :- 9.5.2024

Ved Prakash

(Manish Kumar Nigam,J.)