Mahendra Kumar Bind vs State Of U.P. And 4 Others
2024 Latest Caselaw 36426 ALL

Allahabad High Court

Mahendra Kumar Bind vs State Of U.P. And 4 Others on 6 November, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


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Neutral Citation No. - 2024:AHC:174234
 
Court No. - 34
 

 
Case :- WRIT - C No. - 18508 of 2024
 
Petitioner :- Mahendra Kumar Bind
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Vinod Kumar
 
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 instant petition has been filed seeking following relief :-

"i) Issue a writ order or direction in the nature of Certiorari quashing the impugned order dated 01.01.2024 passed by respondent no.3/Sub Divisional Officer Handia District Prayagraj (Annexure No.1 to the writ petition).

ii) Issue a writ order or direction in the nature of Mandamus directing the respondent authorities to complete the Chakmarg No.89 area about 0.0940 hectare situated at Jiyarat, Tehsil Handia, District Prayagraj/Allahabad after removing the unnecessary and illegal encroachment within specific period of time which may be specified by this Hon'ble Court."

3. Contention of learned counsel for the petitioner is that petitioner earlier approached this Court for removal of encroachment over the Chakmarg, which was disposed of by this Court, directing the respondents to consider the representation of petitioner and thereafter an order was passed by the SDM, Tehsil Handia, Prayagraj on 1.1.2024 but the encroachments have not been removed.

4. Learned Standing Counsel as well as learned counsel appearing for the Gaon Sabha have submitted that this writ petition should not be entertained as the petitioner has a alternative remedy to move an appropriate application under Section 26 of the U.P. Revenue Code, 2006 in view of the judgment passed in 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.

5. Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition.

6. However, petitioner is at liberty to approach the competent authority by moving an appropriate application u/s 26 of U.P. Revenue Code, 2006 for redressal of his grievances. In case such an application is moved, the same shall be considered and decided, expeditiously, in accordance with law, after providing opportunity of hearing to all the concerned parties.

7. With the aforesaid directions, the writ petition stands disposed of.

Order Date :- 6.11.2024

Rishabh

[Manish Kumar Nigam, J.]