Jay Prakash vs State Of Up And 9 Others
2024 Latest Caselaw 20064 ALL

Allahabad High Court

Jay Prakash vs State Of Up And 9 Others on 30 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:98835
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1090 of 2024
 

 
Petitioner :- Jay Prakash
 
Respondent :- State Of Up And 9 Others
 
Counsel for Petitioner :- Abhishek Gupta
 
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 no. 2 to take appropriate steps for removal of unauthorized occupation of respondent no. 5 to 10 from arazi no. 772 area 0.2910 hectare is recorded in the revenue record as pond situated at village village Bajaha (Khale of pura), Atrampur, Nawabganj, 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 :- 30.5.2024

Nitika Sri.

(Manish Kumar Nigam,J.)