Ravindra Kumar Pandey vs State Of Up And 2 Others
2024 Latest Caselaw 17110 ALL

Allahabad High Court

Ravindra Kumar Pandey vs State Of Up And 2 Others on 14 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:88777
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 603 of 2024
 
Petitioner :- Ravindra Kumar Pandey
 
Respondent :- State Of Up And 2 Others
 
Counsel for Petitioner :- Avnish Kumar Rai,Samarath Singh
 
Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.
 

 
Hon'ble Manish Kumar Nigam,J.
 

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

2. This petition has been filed seeking following relief :-

"i) A writ, order or direction in the nature of mandamus, directing the concerned state authority to take appropriate action regarding the removal of illegal encroachments from gata no. 33 area 0.0420 hectares located in village Khandhaura, pargana Zahoorabad, tehsil Mohammadabad, district Ghazipur.

ii) A writ, order or direction in the nature of mandamus directing the respondents to take and pass appropriate action and orders respectively upon the various such applications/representations of the public interest litigator against the illegal encroachments."

3. Contention of learned counsel for the petitioner is that chak marg has been encroached by certain private respondents.

4. A preliminary objection has been raised by learned Standing Counsel that petitioner has an alternative remedy to move an appropriate application under Section 26 of the U.P. Revenue Code, 2006 in view of the judgment passed in Jahar Singh v. State of U.P. reported in 2017(4) ADJ 619 and in Public Interest Litigation (PIL) No.2117 of 2023 (Kanhaiya Lal vs. State of U.P. and 14 others), decided on 27.9.2023.

4. In view of the above, this Court is not inclined to interfere in the matter.

5. However, petitioner is at liberty to to approach the competent authority by moving an appropriate application u/s 26 of U.P. Revenue Code, 2006 for removal of encroachment upon the chak marg. In case such an application is moved by the petitioner, the same may be considered and decided, in accordance with law, after providing opportunity of hearing to all the concerned parties, provided there is no other legal impediment.

6. With the aforesaid directions, the writ petition stands disposed of.

Order Date :- 14.5.2024

Rishabh

[Manish Kumar Nigam, J.]