Hriday Nath Dubey vs State Of U.P. And 4 Others
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Allahabad High Court

Hriday Nath Dubey vs State Of U.P. And 4 Others on 21 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


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Neutral Citation No. - 2024:AHC:91766
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3001 of 2023
 

 
Petitioner :- Hriday Nath Dubey
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Majahar Ali
 
Counsel for Respondent :- C.S.C.,Pradeep Singh
 

 
Hon'ble Manish Kumar Nigam,J.
 

C. M. Impleadment Application

1. Impleadment application is allowed.

2. Learned counsel for the petitioner is permitted to implead the respondent nos. 6 to 9 in the array of parties during the course of day.

3. Office is directed to give a number to the aforesaid impleadment application.

Order in petition

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

2. The present petition has been filed with the following prayer:

"1. Issue appropriate writ, order or direction in the nature of mandamus commanding and directing the respondents to remove the illegal construction over land bearing Gata No. 1645 measuring area 2.956 recorded in Category (Shereni) 6-4 as "Usar" situated at Village-Ajaypur, Pargana and Tehsil-Bhadohi, District- Bhadohi in the interest of public at large."

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 :- 21.5.2024

Ved Prakash

(Manish Kumar Nigam,J.)