Rakesh Chandra Shukla vs State Of U.P. And 3 Others
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Allahabad High Court

Rakesh Chandra Shukla vs State Of U.P. And 3 Others on 24 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:95206
 
Court No. - 49
 

 
Case :- WRIT - C No. - 16625 of 2024
 

 
Petitioner :- Rakesh Chandra Shukla
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Yogendra Pati Tripathi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Kumar Nigam,J.
 

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

2. This writ petition has been filed for following relief:-

"I. Issue a writ order or direction in the nature of mandamus commanding the respondents to vacate the petitioner's land i.e. Gata No. 590 measuring area 0.3879 situated Village Sonauti Pargana Jhunsi Tehsil Phoolpur District Allahabad from the clutches of anti- social elements (Land grabbers) in pursuance of govt. order / Letter No. R- 1082/G, 501 ???/2017 dated 08.05.2017 and thereafter relevant direction be also issued accordingly."

3. Contention of learned counsel for the petitioner is that the land of the petitioner is being encroached by the private respondents and necessary direction be issued for removal of the encroachment.

4. A preliminary objection has been raised by learned Standing Counsel that 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 remedy of filing a suit under Section 134 of the U.P. Revenue Code, 2006, in the case his bhumidhari land is being encroached by some person.

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

6. This writ petition is disposed of with liberty to the petitioner to avail the remedy as available to him under the provisions of U.P. Revenue Code, 2006.

Order Date :- 24.5.2024

Nitika Sri.

(Manish Kumar Nigam,J.)