Suresh Chamar And 14 Others vs State Of Up And 6 Others
2024 Latest Caselaw 17144 ALL

Allahabad High Court

Suresh Chamar And 14 Others vs State Of Up And 6 Others on 14 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:89045
 
Court No. - 49
 

 
Case :- WRIT - C No. - 15989 of 2024
 
Petitioner :- Suresh Chamar And 14 Others
 
Respondent :- State Of Up And 6 Others
 
Counsel for Petitioner :- Babu Ram Yadav
 
Counsel for Respondent :- Azad Rai,C.S.C.
 

 
Hon'ble Manish Kumar Nigam,J.
 

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

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

"Issue, a writ, order or direction in the nature of mandamus directing to the Respondent No.2 to 4 for removing encroachment from Pond No.283 Kha, situated at Village - Rastipur, Post Khakhaicha, Pargana - Mah, Tehsil - Handia, District - Prayagraj and restore the pond as was earlier, as early as possible within 15 days, otherwise the petitioners along with villagers would be deprived from the above said public utility land."

3. Learned Standing Counsel has raised a preliminary objection that 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.

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. Accordingly, the writ petition is disposed of.

Order Date :- 14.5.2024

Rishabh

[Manish Kumar Nigam, J.]