Sh Kamlesh And 2 Others vs State Of Up And 5 Others
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Allahabad High Court

Sh Kamlesh And 2 Others vs State Of Up And 5 Others on 29 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:98474
 
Court No. - 49
 
Case :- WRIT - C No. - 18721 of 2024
 

 
Petitioner :- Sh Kamlesh And 2 Others
 
Respondent :- State Of Up And 5 Others
 
Counsel for Petitioner :- Sahil Srivastava
 
Counsel for Respondent :- Sanjay Kumar Om,Sudhir Bharti
 

 
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. It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the Respondent no. 2 to decide a fresh representation within a stipulated period."

3. Contention of the learned counsel for the petitioner is that Jal Nigam is constructing a water tank over the land of Gata No. 386 and in the garb of the same, has encroached the land of the petitioner which is Gata No. 385.

4. 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 an alternative remedy of filing application under Section 24 of U.P. Revenue Code, 2006 for demarcation of the land.

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

6. In case, the petitioner moves an application under Section 24 of Uttar Pradesh Revenue Code, 2006, before appropriate authority, the same shall be decided in accordance with law, expeditiously, preferably within a period of three months from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment.

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

Order Date :- 29.5.2024/Ved Prakash

(Manish Kumar Nigam,J.)