Najir vs State Of Up And 7 Others
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Allahabad High Court

Najir vs State Of Up And 7 Others on 16 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:88261
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 980 of 2024
 

 
Petitioner :- Najir
 
Respondent :- State Of Up And 7 Others
 
Counsel for Petitioner :- Ayub Khan
 
Counsel for Respondent :- Arun Kumar Pandey,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 with the following prayer:

"(A). Issue a writ, order or direction in the nature of mandamus commanding & directing the respondent nos. 01 & 02 to take necessary action against illegal encroachment made by respondent nos. 04 to 08 and their associates persons over POND exist at khata no. 117, gata no. 4 situated at Village: Malpur Urf Malupura, Tehsil: Sambhal, District: Sambhal which is reserve for the interest of public at large, so that justice may be done."

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 :- 16.5.2024

Ved Prakash

(Manish Kumar Nigam,J.)