Sadik Ali vs State Of U.P. And 4 Others
2024 Latest Caselaw 18602 ALL

Allahabad High Court

Sadik Ali vs State Of U.P. And 4 Others on 22 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:92945
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2341 of 2023
 

 
Petitioner :- Sadik Ali
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Bhagwan Dutt Pandey,Vipin Kumar,Vrajendra Kumar
 
Counsel for Respondent :- C.S.C.,Kanhaiya Lal Tiwari,Pankaj Kumar Gupta
 

 
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 & 3 to remove the illegal encroachment made by respondent no. 5 over the public utility land being Gata No. 1287Ka situated in village-Jagdishpur, Post-Bhadawal, Tehsil-Harraiya, District-Basti, recorded as Banjar in the revenue record, so that justice may be done."

3. Contention of the learned counsel for the petitioner is that in compliance of order dated 10.12.2022, passed by respondent no. 2, the respondent no. 5 was evicted from the land in dispute but he has again occupied the same which is liable to be removed. In this regard, he has moved a representation which has not been considered yet.

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 an alternative remedy to approach appropriate authority by moving an application under Section 67 of the Uttar Pradesh Revenue Code, 2006.

5. Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition.

6. 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.

7. With the aforesaid observation, the petition is disposed of.

Order Date :- 22.5.2024

Ved Prakash

(Manish Kumar Nigam,J.)