Omprakash vs State Of U.P. And 5 Others
2024 Latest Caselaw 16637 ALL

Allahabad High Court

Omprakash vs State Of U.P. And 5 Others on 10 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:84225
 
Court No. - 49
 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 926 of 2024
 
Petitioner :- Omprakash
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Dinesh Yadav,Mahesh Kumar Yadav,Pradeep Kumar
 
Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
 

 
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) To issue a Public Interest Litigation by issuing a mandamus to the respondent no.3, Up Ziladhikari, Ghosi, District-Mau, be issue an interim mandamus in the nature of PIL to remove the encroachment made by the villagers of Village Chummanar Amila, Tehsil Ghosi, District Mau over the Gata No.92, Area 0.1070 hectare of year 1429-1434 Khatauni recorded as Pokhari/Pond in the revenue record which is covered by water and has been recorded as pond non agricultural land be removed by any encroachment from the villagers of the village Chummanar Amila, Tehsil Ghosi, District Mau and be restored to its original position as pond, in the interest of justice, otherwise the petitioner will suffer."

3. The contention of learned Counsel for the petitioner is that land of Gata No.92, Area 0.1070 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 :- 10.5.2024

S. Singh