Subachchan Singh Yadav vs State Of Up And 4 Others
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Allahabad High Court

Subachchan Singh Yadav vs State Of Up And 4 Others on 28 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:97350
 
Court No. - 49
 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1075 of 2024
 
Petitioner :- Subachchan Singh Yadav
 
Respondent :- State Of Up And 4 Others
 
Counsel for Petitioner :- Anjani Kumar Tripathi,Upendra Kumar Yadav
 
Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.

2. The instant writ petition has been filed for the following relief:-

"(i). Issue a writ, order or direction in the nature of Mandamus directing the respondent nos.3 and 4 to direct for the eviction of the reserved land, public utility land and ponds of the Village Mustafabad, Tehsil and Block Jakhaniya, District Ghazipur from the land grabbers and earlier Pradhan, who facilitate the land grabbers for possession of the reserved land and public utility land of the village."

3. From the allegations made in the writ petition, it appears that the entire village have been encroached and for removal of the same, the petitioner has approached this Court.

4. Learned Standing Counsel has raised a preliminary objection that the persons who have been alleged to have encroached upon the land has not been made party to the writ petition. It has also been submitted 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, petitioner has remedy for filing an appropriate application before the competent authority under the provisions of U.P. Revenue Code, 2006.

4. In view of the availability of alternative remedy, I am not inclined to interfere in the matter.

5.Accordingly, the writ petition is disposed of with liberty to the petitioner to approach competent authority under the provisions of U.P. Revenue Code, 2006 for redressal of his grievance.

Order Date :- 28.5.2024

Mini

(Manish Kumar Nigam, J.)