Raj Nath Mishra vs State Of Up And 5 Others
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Allahabad High Court

Raj Nath Mishra vs State Of Up And 5 Others on 10 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:84741
 
Court No. - 49
 

 
Case :- WRIT - C No. - 14611 of 2024
 

 
Petitioner :- Raj Nath Mishra
 
Respondent :- State Of Up And 5 Others
 
Counsel for Petitioner :- Bal Mukund Chaturvedi,Ghanshyam Upadhyay
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. Heard learned counsel for the parties and perused the record.

2. This writ petition has been filed for following relief:-

"i. TO ISSUE a writ, order or direction in the nature of mandamus commanding and direction to Respondents to take the prompt and speedy action on the basis of the Representation dated 27.9.2023 (filed as Annexure No. 1 to this writ petition); against an illegal encroachment over Plot No.157/227 marked and recorded as Nali (drain) in the revenue record by ensuring the demarcation and to restore to its original nature.

ii. TO ISSUE a writ, order or direction in the nature of mandamus commanding and directing to Respondent No. 3 & 4 to take all effective legal action as prescribed by law under Section 67 of U.P. Revenue Code, 2006 or under Section 133 of Cr. P. C. onward taking into the cognizance of the guidelines issued by Hon'ble Supreme Court in Jagpal Singh's case reported as 2011 (laws) SC 1-22;' and also the government order dated 1.5.2015 issued by the government of U.P. for removal of the illegal encroachment of public property like Nali mentioned herein before; imposing heavy costs upon the private Respondents."

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 :- 10.5.2024

Nitika Sri.

(Manish Kumar Nigam,J.)