Raju @ Raju Vishwakarma vs State Of Up And 7 Others
2024 Latest Caselaw 19363 ALL

Allahabad High Court

Raju @ Raju Vishwakarma vs State Of Up And 7 Others on 27 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:95310
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1000 of 2024
 

 
Petitioner :- Raju @ Raju Vishwakarma
 
Respondent :- State Of Up And 7 Others
 
Counsel for Petitioner :- Ravindra Kumar
 
Counsel for Respondent :- Azad Rai,C.S.C.
 

 
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 commanding the respondent authority to get vacated, the land bearing the Gata No. 383 area 0.0080 Sq. Gata No. 389 area 0.0280 Sq. Gata No. 452 area 0.1550 and Gata No. 407 area 0.3670 Sq. of the revenue village Ledar, Tehsil Bara, District- Prayagraj which are recorded as Nali, Chakmarg and Rasta in Revenue Records and same are public utility land."

3. Learned Standing Counsel has raised a preliminary objection that the petitioner has an alternative remedy to approach appropriate authority by moving an application under Section 26 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.

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

Order Date :- 27.5.2024

Ved Prakash

(Manish Kumar Nigam,J.)