Surendra Prasad vs State Of Upand 6 Others
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Allahabad High Court

Surendra Prasad vs State Of Upand 6 Others on 21 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:93527
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 253 of 2024
 
Petitioner :- Surendra Prasad
 
Respondent :- State Of Upand 6 Others
 
Counsel for Petitioner :- Priti Singh
 
Counsel for Respondent :- C.S.C.,Sudhir Bharti
 

 
Hon'ble Manish Kumar Nigam,J.
 

Ref: Civil Misc. Amendment Application No.3 of 2024

1. Heard learned counsel for the applicant/petitioner.

2. Application is allowed.

3. Learned counsel for the applicant/petitioner is permitted to carry out necessary amendment during the course of day.

Order on Petition

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 for commanding the respondents authorities pleased to allow this application and direct to to the respondent authorities to remove the illegal encroachment upon the Arazi No.409 area 0.0660 Hectare and direct to respondent authorities to take necessary action against respondent authorities and remove the illegal encroachment upon Arazi No.409 area 0.660 Hectare. Which is recorded as Dhobighat in revenue record and situated at Village Gautam Chak Mathiya, Tappa - Kachuar, Pargana - Salempur Majhauli, Tehsil and District Deoria."

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.

Order Date :- 21.5.2024

Rishabh

[Manish Kumar Nigam, J.]