Fateh Singh and Another v. State of U.P. and 10 Others

Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2383 of 2023 Petitioner :- Fateh Singh And Another Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Rekha Pundir,Ramesh Pundir Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani Hon'ble Pritinker Diwaker,Chief Justice Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the petitioners, learned Standing Counsel for the State respondents and Shri Kaushal Kishore Mani, learned counsel for the respondent no. 11. This writ petition has been filed seeking mandamus directing the respondent nos. 3 and 4 to immediately remove unauthorized/ illegal encroachment of respondent nos. 5 to 10 from Arazi No. 138 Rakba 0.1890 Hectare, which is registered as Fertilizer Pit (Khad Ke Gaddhey) in the revenue records of Gram Sabha-Radaur, Pargana-Gangoh, Tehsil-Nakur, District Saharapur. At the very outset Shri Kaushal Kishore Mani, learned counsel for the Gram Sabha, submits that for the relief prayed in the writ petition the petitioner is having an alternative remedy of filing application under Section 67 (1) of the U.P. Revenue Code, 2006, before the authority concerned and without availing the said remedy the present writ (PIL) has been filed. In view of the above, the writ petition is disposed of leaving it open for the petitioner to approach the authority concerned under Section 67 (1) of U.P. Revenue Code, 2006.

Order Date :- 12.10.2023 Deepak/ (Ashutosh Srivastava,J.) (Pritinker Diwaker,CJ.) High Court of Judicature at Allahabad