Shyam Lal v. State of U.P. and 7 Others

Court No. - 47 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2124 of 2023 Petitioner :- Shyam Lal Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Suresh Pratap Singh,Kunwar Abhishek Singh Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble Manish Kumar Nigam,J.

¶1Heard learned counsel for the petitioner, learned counsel for the respondent and learned Standing Counsel and perused the record.

¶2The present petition has been filed with the following prayer: "1. Issue a writ, order or direction in the nature of mandamus commanding the respondents to restore and protect the original shape and nature of plot no. 129/0.0280 of village - Chainpur Rai Post-Itwa Kungai, Tehsil - Harraya, District - Basti which is pond by initiating the proceeding against respondent no. 5 to 8 to remove the illegal construction made by them."

¶3Learned 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.

¶4Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition.

¶5In 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.

¶6With the aforesaid observation, the petition is disposed of. Order Date :- 31.10.2023 Ved Prakash (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad