Land Management Committee/ Gaon Sabha vs State Of Up And 8 Others
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Allahabad High Court

Land Management Committee/ Gaon Sabha vs State Of Up And 8 Others on 13 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:85281
 
Court No. - 49
 

 
Case :- WRIT - C No. - 14874 of 2024
 

 
Petitioner :- Land Management Committee/ Gaon Sabha
 
Respondent :- State Of Up And 8 Others
 
Counsel for Petitioner :- Azad Rai
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Kumar Nigam,J.
 

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

2. The present petition has been filed for the following relief:

" i. Issue as Writ order or direction in the nature of mandamus commanding and directing the respondent no. 2, 3 and 4 to proceed to remove the encroachment upon the land plot no. 294, 259Kha and 321 situated in Village- Chilli, Post- Karama, Tehsil Karchhana, District- Prayagraj and to facilitate the construction of the Tanki as resolved by the Gaon Sabha concerned."

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 24 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 24 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

Nitika Sri.

(Manish Kumar Nigam,J.)