Devendra Pandey And Another vs State Of U.P. And 9 Others
2024 Latest Caselaw 19058 ALL

Allahabad High Court

Devendra Pandey And Another vs State Of U.P. And 9 Others on 24 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:95795
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2894 of 2023
 

 
Petitioner :- Devendra Pandey And Another
 
Respondent :- State Of U.P. And 9 Others
 
Counsel for Petitioner :- Anand Kumar Pandey,Mohd Naushad
 
Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
 

 
Hon'ble Manish Kumar Nigam,J.
 

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

2. Case is listed peremptorily. Sri Mohd. Naushad, learned counsel for the petitioners has filed illness slip.

3. Illness slip is rejected.

4. The present petition has been filed with the following prayer:

"A. Issue a writ, order or direction in the nature of mandamus directing to the respondent no.3 to vacate the Arazi no.303A and 302E area about 4.8 Acre situated Pokhari at village Buddhipur, Pargana Sikandarpur Tehsil Belthara Road, District Ballia is illegal encroach the respondent no.5 to 10.

"B. Issue a writ order or direction in the nature of the mandamus commanding the respondent no.3 (Sub Divisional Magistrate, Belthara Road, District Ballia) to decide the representation 15.07.2023."

5. Learned Standing Counsel has raised a preliminary objection that the petitioners have 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.

6. Since the petitioners have an alternative remedy, I am not inclined to entertain the instant petition.

7. In case, the petitioners move 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.

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

Order Date :- 24.5.2024

Mini

(Manish Kumar Nigam, J.)