Chandrama Prasad Mishra vs State Of U.P. And 4 Others
2024 Latest Caselaw 19059 ALL

Citation : 2024 Latest Caselaw 19059 ALL
Judgement Date : 24 May, 2024

Allahabad High Court

Chandrama Prasad Mishra vs State Of U.P. And 4 Others on 24 May, 2024





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:96059
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4423 of 2018
 
Petitioner :- Chandrama Prasad Mishra
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Ram Kesh,Ram Sewak
 
Counsel for Respondent :- C.S.C.,Azad Rai,Diwakar Singh
 

 
Hon'ble Manish Kumar Nigam,J.

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

2. The instant Public Interest Litigation has been filed for the following relief :

"Issue a writ order or direction in the nature of Mandamus directing the respondent no.2 and 3 to construct road upon the chak marg no.532. 710. 724. 726 which is entry revenue record situated village bheshki pargana kewai tahsil handia distract Allahabad.

ii) Issue a writ order or direction in the nature of Mandamus directing the respondent no.2 and 3 decide the representation of the petitioner on dated 31.10.2017 and 2.6.2018 (Annexure no.5 and 8 to the writ petition)."

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 :- 24.5.2024

Rishabh

[Manish Kumar Nigam, J.]