Ramchandra Yadav and Another v. Sachiv, Rajsv Uttar Pradesh Shashan and 9 Others

Court No. - 47 Case :- WRIT - C No. - 35361 of 2023 Petitioner :- Ramchandra Yadav And Another Respondent :- Sachiv, Rajsv Uttar Pradesh Shashan And 9 Others Counsel for Petitioner :- Anil Kumar Singh,Ranjeet Singh Counsel for Respondent :- CSC Hon'ble Manish Kumar Nigam,J.

¶1Heard learned counsel for the parties and perused the record.

¶2The prayer made in the writ petition is that respondent Nos. 9 and 10 have encroached upon public utility land of the Gaon Sabha. The order has been passed on 19.9.2023 by the Block Development Officer for removal of the same but nothing has been done.

¶3A preliminary objection has been raised by learned Standing Counsel that the writ petition should not be entertained as the petitioner has an alternative remedy to move an appropriate application under Section 67(1) 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 and in Public Interest Litigation (PIL) No.2117 of 2023 (Kanhaiya Lal vs. State of U.P. and 14 others), decided on 27.9.2023.

¶4In view of the above, this Court is not inclined to interfere in the matter.

¶5However, petitioner is at liberty to to approach the competent authority by moving an appropriate application u/s 67 of U.P. Revenue Code, 2006 for redressal of his grievances.

¶6With the aforesaid directions, the writ petition stands disposed of. Order Date :- 12.10.2023 Rishabh [Manish Kumar Nigam, J.] High Court of Judicature at Allahabad