Raj Kumar Bind vs State Of U.P. And 8 Others
2024 Latest Caselaw 18283 ALL

Allahabad High Court

Raj Kumar Bind vs State Of U.P. And 8 Others on 21 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:90986
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1013 of 2024
 

 
Petitioner :- Raj Kumar Bind
 
Respondent :- State Of U.P. And 8 Others
 
Counsel for Petitioner :- Kumar Kartikeya,Shresth Pratap Singh
 
Counsel for Respondent :- 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:

"i). Issue a writ, order or direction in the nature of mandamus commanding the respondent (Specifically respondent no. 2 to 4 to take appropriate action against the respondent no. 5 to 9 to remove the encroachment and construction made by them (unauthorized occupants) over the public utility land belonging to Gram Sabha situated at Khatauni Khata No. 00084 in Khasra No. 37-0.2100, 38-0.0970, 39-0.0930, 121/1-0.1070 No. 123-0.6940, 131-0.3160, all sum area 1.5170 hectare as the same is entered into revenue record as land of gram Sabha in village Nagla Aurangabad, Kotwaali, Dist- Ghazipur and a public school is being run on the aforesaid public utility land."

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.)