Surendra Kumar Yadav vs State Of Up And 5 Others
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Allahabad High Court

Surendra Kumar Yadav vs State Of Up And 5 Others on 27 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:95498
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1070 of 2024
 

 
Petitioner :- Surendra Kumar Yadav
 
Respondent :- State Of Up And 5 Others
 
Counsel for Petitioner :- Jitendra Singh,Sachchida Nand Ojha
 
Counsel for Respondent :- Azad Rai,C.S.C.
 

 
Hon'ble Manish Kumar Nigam,J.
 

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

2. The present petition has been filed for following relief:-

"(i) issue a writ (PIL), order or direction in the nature of mandamus commanding the respondent nos. 2,3,4,5 and 6 to ensure the removement of illegal encroachment of Rajendra Tiwari son of Late Omkar Tiwari, Sharad Bhushan, Indu Bhashan upon Drain (Nali) which was constructed on the side of Road Fatehpur Kaysthan to Ram Chaura Road Village: Fatehpur Kayasthan, Tahsil: Soraon, Block: Kaurihar, District: Prayagraj."

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 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.

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

Order Date :- 27.5.2024

Nitika Sri.

(Manish Kumar Nigam,J.)