Vijay Shankar vs State Of U.P. & 5 Others
2024 Latest Caselaw 18289 ALL

Allahabad High Court

Vijay Shankar vs State Of U.P. & 5 Others on 21 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:91723
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 164 of 2024
 

 
Petitioner :- Vijay Shankar
 
Respondent :- State Of U.P. & 5 Others
 
Counsel for Petitioner :- Jitender Singh,Prabhat Kumar Singh
 
Counsel for Respondent :- Bhupendra Kumar Tripathi,Brij Raj Singh,C.S.C.,Kaushlendra Kumar Yadav
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. Heard learned counsel for the parties and perused the record.

2. This petition has been filed for the following relief:

"i- Issue a writ, order or direction in the nature of mandamus commanding the respondent No. 2 to take appropriate steps with regard to removal of unauthorized possession of Respondent No. 6 over Gram Sabha land being Khata No. 1645/0.040 Hectare recorded as Khalihan in Revenue Record and also from Gata No. 1648/0.032 Hectare recorded as Manure pit in revenue record for which separate orders dated 27-5-2005 have already been passed by competent authority i.e. Respondent No. 4 exercising power provided under law."

3. From the perusal of record, it appears that the relief claimed is that illegal encroachment be removed by the authorities.

4. 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, the petitioner has alternative remedy of moving an appropriate application under the U.P. Revenue Code, 2006.

5. Sri Brij Raj Singh, learned counsel for the respondent submitted that earlier also the petitioner has approached this Court by means of P.I.L. No. 2814 of 2018 which was dismissed by this Court by order dated 13.09.2019.

6. In view of the aforesaid facts, I am not inclined to entertain the instant petition.

7. Accordingly, the petition is disposed of with liberty to the petitioner to move an appropriate application under the provisions of Uttar Pradesh Revenue Code, 2006, before appropriate authority for redressal of his grievance.

Order Date :- 21.5.2024

Ved Prakash

(Manish Kumar Nigam, J.)