Ram Pratap Rajbhar vs State Of Up And 4 Others
2024 Latest Caselaw 20072 ALL

Allahabad High Court

Ram Pratap Rajbhar vs State Of Up And 4 Others on 30 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:100624
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1094 of 2024
 
Petitioner :- Ram Pratap Rajbhar
 
Respondent :- State Of Up And 4 Others
 
Counsel for Petitioner :- Gyanendra Prakash Srivastava
 
Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
 

 
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 :-

"Issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 to 4 to remove the illegal encroachment made by respondent no.5 over the Gata No.668 Kha area about 0.0610 hectare situated at Village Karmchaura Tehsil Muhammadabad Gohna, District Mau, recorded as 'Nai Parti' in the revenue record."

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.]