Tribhuvan vs State Of U.P. And 6 Others
2024 Latest Caselaw 16921 ALL

Allahabad High Court

Tribhuvan vs State Of U.P. And 6 Others on 13 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:85871
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2822 of 2023
 

 
Petitioner :- Tribhuvan
 
Respondent :- State Of U.P. And 6 Others
 
Counsel for Petitioner :- Kailash Nath Singh
 
Counsel for Respondent :- Ajay Kumar Singh Yadav,Bhupendra Kumar Tripathi,C.S.C.,Vinay Kumar Singh
 

 
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 the respondent authorities to remove the illegal encroachment of the private respondents over the Rasta going through the village Jangipur Khurd, Block Karanja Kala, Tehsil Sadar, District Jaunpur, which is used by the local people/villagers."

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 26 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 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.

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

Order Date :- 13.5.2024

Ved Prakash

(Manish Kumar Nigam,J.)