Ravi Kumar Gautam vs District Magistrate, District ...
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Allahabad High Court

Ravi Kumar Gautam vs District Magistrate, District ... on 17 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:90201
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 235 of 2022
 
Petitioner :- Ravi Kumar Gautam
 
Respondent :- District Magistrate, District Prayagraj And 4 Others
 
Counsel for Petitioner :- Manish Kumar Panday,Santoosh Kumar Dwivedi
 
Counsel for Respondent :- Azad Rai,C.S.C.,Harendra Prakash Dwivedi
 

 
Hon'ble Manish Kumar Nigam,J.
 

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

2. The instant Public Interest Litigation has been filed for the following relief :

"Issue a writ, order or direction in the nature of mandamus commanding the respondents authorities to take necessary steps against the respondent no. 5 for removing their illegal encroachment over the Plot No. 283 area 0.0200 Hectare of village Pipraudh, Majra Sarai, Padmavat, Tehsil Soraon, District Prayagraj.

2-Issue a writ, order of direction in the nature of mandamus direct the respondent No. 3 to decide the representation of the petitioner dated 20-1-2022 for removing illegal encroachment upon the public Pathway of the respondent No. 5 within a reasonable time as fixed by this Hon'ble Court.

3-Issue a writ, order or direction in the nature of mandamus directing the respondent No.2 to complete the interlocking work on Pathway situated in village Pipraudh, Majra Sarai, Padmavat, Tehsil Soraon, District Prayagraj."

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 26 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 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. Accordingly, the Public Interest Litigation is disposed of.

Order Date :- 17.5.2024

Rishabh

[Manish Kumar Nigam, J.]