Shyam Babu vs State Of Up And 8 Others
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Allahabad High Court

Shyam Babu vs State Of Up And 8 Others on 27 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:95332
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1061 of 2024
 

 
Petitioner :- Shyam Babu
 
Respondent :- State Of Up And 8 Others
 
Counsel for Petitioner :- Sunil Kumar Yadav
 
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 to direct the Respondent no. 2 and 3 to remove the encroachment made by Respondent no. 6 to 9 over the area 0.0340 hectare which is in the form of the hollow out of area 0.4700 hectare of Plot No. 154 of Khata No. 00126 which is recorded at Abadi (non agricultural land Shreni 6-2) from the illegal possession of the Respondent No. 6 to 9 situated at Gram Daharpur, Taluke Sigraur, Tehsil Soraon, 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

Ved Prakash

(Manish Kumar Nigam,J.)