Lalan Singh vs State Of U.P. And 7 Others
2024 Latest Caselaw 20326 ALL

Allahabad High Court

Lalan Singh vs State Of U.P. And 7 Others on 31 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:99841
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1104 of 2024
 

 
Petitioner :- Lalan Singh
 
Respondent :- State Of U.P. And 7 Others
 
Counsel for Petitioner :- Ajitabh Choubey,R.S. Maurya
 
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 present petition has been filed with the following prayer:

"I. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 3 (Sub Divisional Magistrate, Tehsil Rasara, District Ballia) for vacate the land from encroachers (respondent no. 5 to 7) regarding Gram Sabha Land bearing Gata No. 27 area 0.081 hectare, Gata No. 30 area 0.1170 hectare (Khalihan) and Gata No. 101 area 0.1580 hectare (Pond)."

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.)