Ashok Kumar vs State Of U.P. And 8 Others
2024 Latest Caselaw 18583 ALL

Allahabad High Court

Ashok Kumar vs State Of U.P. And 8 Others on 22 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:92879
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2745 of 2023
 

 
Petitioner :- Ashok Kumar
 
Respondent :- State Of U.P. And 8 Others
 
Counsel for Petitioner :- Indra Dev
 
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 respondent no. 2 and 3 to remove the illegal and unauthorized encroachment from the Arazi/Khata no. 00247, Khasra no. 169 area 0.1210 hectare recorded as Khalihan and Arazi/Khata no. 00248, Khasra no. 170 area 0.0930 hectare recorded as Khad Ka Gaddha situated in village/Gaon Sabha Parsupur, Pargana Ghhisuwa, Tehsil Machhalishahar, District Jaunpur, Uttar Pradesh and further be pleased to direct the authority concerned to initiate legal proceeding against private respondents in accordance with law."

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.)