Sandeep Singh vs State Of Up And 8 Others
2024 Latest Caselaw 18288 ALL

Allahabad High Court

Sandeep Singh vs State Of Up And 8 Others on 21 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:90988
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1020 of 2024
 

 
Petitioner :- Sandeep Singh
 
Respondent :- State Of Up And 8 Others
 
Counsel for Petitioner :- Bipin Kumar Rao,Deo Prakash Singh
 
Counsel for Respondent :- C.S.C.,Sudhir Bharti
 

 
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 no. 2 to decide the application dated 27.10.2023 filed by the petitioner (Annexure No. 3 to the writ petition) within stipulated period.

ii. issue a writ, order or direction in the nature of mandamus commanding the Respondent No. 2 to take appropriate steps for removing the encroachment over the Arazi No. 175 area 0.570 hectare recorded as pond/pokhari in revenue record of the Village Kharat, Post Banjaria, District Deoria and also taking appropriate steps to construct the pond/pokhari."

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.)