Mahatam Gupta vs State Of Up And 21 Others
2024 Latest Caselaw 18565 ALL

Allahabad High Court

Mahatam Gupta vs State Of Up And 21 Others on 22 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:92111
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1038 of 2024
 

 
Petitioner :- Mahatam Gupta
 
Respondent :- State Of Up And 21 Others
 
Counsel for Petitioner :- Piyush Patel,Pradeep Kumar
 
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 directing the respondent no. 2 to 4 to remove the illegal encroachment occupied by the respondent no. 6 to 16 in gata no. 774 area 0.6480 hectare registered as pond, from the illegal possession of the respondent no. 17 in gata no. 312 area 0.2670 hectare registered as Khalihan, from the illegal encroachment of the respondent no. 18 to 20 in gata no. 313 area 0.0770 hectare registered as banjar and from the illegal encroachment of the respondent no. 21 and 22 in gata no. 510 area 0.4780 hectare registered as pond in revenue records situated at Village- Rampur Chakiya, Tappa - Uti, Pargana- Haveli, Tehsil- Sadar, District- Maharajganj, within stipulated period 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 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 :- 22.5.2024

Ved Prakash

(Manish Kumar Nigam,J.)