Rajesh Yadav vs District Magistrte/Collector And 3 ...
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Allahabad High Court

Rajesh Yadav vs District Magistrte/Collector And 3 ... on 22 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:94316
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 977 of 2019
 
Petitioner :- Rajesh Yadav
 
Respondent :- District Magistrte/Collector And 3 Others
 
Counsel for Petitioner :- Pramod Kumar Singh,Anil Kumar,Satish Kumar Pandey
 
Counsel for Respondent :- C.S.C.,Manu Singh
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. Heard learned counsel for the parties and perused the record.

2. This petition has been filed seeking following relief :-

"Issue a writ, order or direction in the nature of mandamus commanding the Respondent nos. 1 to 3 to take appropriate legal action to remove illegal encroachment made by respondent no.4 (Ajay Yadav) over Idgah (Plot no.3512), Pajawa (Plot no.2269), Banjar (Plot no.2510,1844), Nali (Plot o. 2396) and public Rasta (plot no.2424) situated in village Rewari Pargana Eta Sakeet, Tehsil Sadar, District Etah as provided under section 67(2) of the U.P. Revenue Code, 2006 and to restore the aforesaid public utility land in its original shape as it was earlier."

3. Learned Standing Counsel has raised a preliminary objection that 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 judgments passed by this Court in case of Jahar Singh v. State of U.P. reported in 2017(4) ADJ 619 as well as in Kanhaiya Lal Vs. 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. Accordingly, the Public Interest Litigation is disposed of.

Order Date :- 22.5.2024

Rishabh

[Manish Kumar Nigam, J.]