Prithvipati Verma vs State Of U.P. And 5 Others
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Allahabad High Court

Prithvipati Verma vs State Of U.P. And 5 Others on 13 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:85155
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 944 of 2024
 

 
Petitioner :- Prithvipati Verma
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Jata Shankar
 
Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta
 

 
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:

"(I) Issue a writ order or direction in the nature of mandamus commanding and directing the respondent authority to take necessary action and remove the encroachment made by the private respondents no. 6 over the Arazi Gata No. 103 Area 0.1210 Hectare which was recorded as pond in the revenue record and is a public utility land which was situated in the village Baddarpur, Tappa- Bangawan, Pargana-Amodha, Tehsil- Harraiya, District Basti."

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 :- 13.5.2024

Ved Prakash

(Manish Kumar Nigam,J.)