Shyamdhar vs State Of Up And 16 Others
2024 Latest Caselaw 18296 ALL

Allahabad High Court

Shyamdhar vs State Of Up And 16 Others on 21 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:91692
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 434 of 2024
 

 
Petitioner :- Shyamdhar
 
Respondent :- State Of Up And 16 Others
 
Counsel for Petitioner :- Shiv Bahadur Yadav
 
Counsel for Respondent :- Arvind Kumar Upadhyay,C.S.C.,Pradeep Singh
 

 
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 to direct the respondent no. 02 to remove the illegal encroachment made by private respondent Nos. 06 to 17 over the Plot/ Khasra No.53 admeasuring area 0.6870 hect. recorded as "Pond" Situated at Village -Pipargaon, Tehsil- Aurai, District- Bhadohi, in the interest of justice."

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

Nitika Sri.

(Manish Kumar Nigam,J.)