Sheshmani Patel vs State Of Up And 8 Others
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Allahabad High Court

Sheshmani Patel vs State Of Up And 8 Others on 22 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:92104
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1040 of 2024
 

 
Petitioner :- Sheshmani Patel
 
Respondent :- State Of Up And 8 Others
 
Counsel for Petitioner :- Deepak Kumar Vishwakarma,Vishwanath Vishwakarma
 
Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.
 

 
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 and directing the concern authority to remove the illegal encroachment of respondent no. 7 to 9 from Gata No. 250 Area 0.0650 hectare Drain (Nali), situated in village Sultanpur Khas, Pargana- Gadwara, Tehsil- Machhali Shahar, District- Jaunpur within stipulated period as directed 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.)