Ram Sajivan vs State Of Up And 5 Others
2024 Latest Caselaw 18286 ALL

Allahabad High Court

Ram Sajivan vs State Of Up And 5 Others on 21 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:91093
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1015 of 2024
 

 
Petitioner :- Ram Sajivan
 
Respondent :- State Of Up And 5 Others
 
Counsel for Petitioner :- Shiv Lal
 
Counsel for Respondent :- Azad Rai,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 an order or direction to the respondent no. 2 to 4 to remove the encroachment over the Chakroad/Arazi No. 450 and Arazi No. 449 (Navin Parti) situated in Village-Kaneda Uparhar, Pargana- Khairagarh, Tehsil- Meja, District: Prayagraj, within specific period as may be fixed by this Hon'ble Court."

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 26 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 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. With the aforesaid observation, the petition is disposed of.

Order Date :- 21.5.2024

Ved Prakash

(Manish Kumar Nigam,J.)