Ram Surat vs State Of Up And 12 Others
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Allahabad High Court

Ram Surat vs State Of Up And 12 Others on 30 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:100613
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1093 of 2024
 
Petitioner :- Ram Surat
 
Respondent :- State Of Up And 12 Others
 
Counsel for Petitioner :- Lal Chandra Yadav
 
Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.
 

 
Hon'ble Manish Kumar Nigam,J.
 

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

2. The instant petition has been filed seeking following relief :-

"To issue a writ order or direction in the nature of mandamus commanding to the respondent no.4 to initiate the legal proceeding of legal provision provided under Section 67(2) B of the U.P. Revenue Code 2006 subject to removal/dispossession of the respondents no.6 to 12 from the arazi no.89/0.400 hectare recorded as Khalihan in revenue record is public utility land under Section 77 of U.P. Revenue Code 2006 by passing appropriate order in writing in accordance with law within stipulated period of 2 months or as fixed by this Hon'ble Court."

3. Learned Standing Counsel has raised a preliminary objection that 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 judgments passed by this Court in case of Jahar Singh v. State of U.P. reported in 2017(4) ADJ 619 as well as in Kanhaiya Lal Vs. 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. Accordingly, the Public Interest Litigation is disposed of.

Order Date :- 30.5.2024

Rishabh

[Manish Kumar Nigam, J.]