Manoj Kumar vs State Of U.P. And 4 Others
2024 Latest Caselaw 18287 ALL

Allahabad High Court

Manoj Kumar vs State Of U.P. And 4 Others on 21 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:90987
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1016 of 2024
 

 
Petitioner :- Manoj Kumar
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Rajive Kumar,Vijay Kumar
 
Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani
 

 
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. A writ, order or direction in the nature of mandamus commanding the respondents to remove the illegal encroachment from the public pond as Khasra No. 440 Area about 1.2150 hect. & Khasra No. 576/2 Area about 1.1550 Hect. respectively situated at Gram Sabha Bhaneda Jat, Tehsil Shamli, District Shamli as early as possible within a period as stipulated by this Hon'ble Court, and further direction may also be given to the authorities concerned to restore the original position of Public pond."

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.)