Ram Autar vs State Of Up And 6 Others
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Allahabad High Court

Ram Autar vs State Of Up And 6 Others on 31 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:99836
 
Court No. - 49
 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1097 of 2024
 

 
Petitioner :- Ram Autar
 
Respondent :- State Of Up And 6 Others
 
Counsel for Petitioner :- Naveen Bajpai
 
Counsel for Respondent :- C.S.C.,Hari Narayan Singh
 

 
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 responsible Government Authorities i.e. Respondent nos. 1 to 5 to constitute a high powered committee of responsible officials to make the spot inspection of the land in question (Chak Road) being Gata No. 310 through which a kharanja road/chak road/public utility road for the use of the general public passes through to the village abadi and also on the land being Gata no. 321 (Measuring 0.0300 Hectares) recorded as 'Naveen Parti land' and reserved for "Harijan Abadi", at village- Takpura Sarai Jalaal, Pargana & Tehsil-Jaswant Nagar, District-Etawah, with specific direction to revenue authorities to demolish/remove any construction/structure/obstruction raised by respondent no. 6 and 7 and re-vest the said land/Chak Road in the Gaon Sabha of the respective Village-Takpura Sarai Jalaal, Pargana & Tehsil-Jaswant Nagar, District-Etawah."

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 :- 31.5.2024/Ved Prakash

(Manish Kumar Nigam,J.)