Shamsher Bahadur vs State Of Up And 4 Others
2024 Latest Caselaw 16578 ALL

Allahabad High Court

Shamsher Bahadur vs State Of Up And 4 Others on 10 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:84235
 
Court No. - 49
 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 930 of 2024
 
Petitioner :- Shamsher Bahadur
 
Respondent :- State Of Up And 4 Others
 
Counsel for Petitioner :- Kamlesh Kumar 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 instant Public Interest Litigation has been filed for the following relief :

"(I) Issue a writ, order or direction in the nature of writ of mandamus directing the respondent nos.2, 3 and 4 to remove the illegal encroachment over the Arazi No.80 area 0.1490 hectare recorded in revenue record as "Road" which is public utility land situated in Village Budhwal, Tehsil Chakia, District Chandauli and may also be directed to the respondent nos.2, 3 and 4 to restore back the original position of the 'Road'.

(II). Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to decide the representation dated 6.4.2024 moved by the petitioner."

3. The contention of learned Counsel for the petitioner is that land of Arazi No.80 area 0.1490 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 26 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 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.

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

Order Date :- 10.5.2024/S. Singh