Urmila Devi v. State of U.P. and 4 Others

Court No. - 40 Case :- WRIT - C No. - 34072 of 2023 Petitioner :- Urmila Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Subhash Chandra Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard Shri Subhash Chandra, learned counsel for the petitioner and learned Additional Chief Standing Counsel appearing for the State-respondents.

¶2The present petition has been filed with a prayer to direct the respondent no. 2 to vacate the government land (Khad Gadda) Gata No. 438 from the respondent nos. 3 to 5 who was forcibly encroached the land in question situated at village-Gedrahi, Tehsil-Meja, District-Prayagraj.

¶3At the outset, learned Addl. Chief Standing Counsel raised a preliminary objection regarding the maintainability of the writ petition on the ground that the reliefs claimed in the writ petition, the same may be pressed before the revenue authorities as full fledged mechanism is provided in the form of Section 67 of the U.P. Revenue Code, 2006 and once alternative remedy is available, there is no reason or occasion to interfere in the matter.

¶4Considering the facts and circumstances, the Court has proceeded to examine the record in question and find substance in the objection raised by learned Addl. Chief Standing Counsel. In case, the petitioner has any grievance, he may file appropriate application in view of the aforesaid provisions and, in case, any such application is filed, the same will be decided by the authority concerned in accordance with law expeditiously, preferably within two months from the date of production of certified copy of this order.but certainly after giving opportunity to all the stake holders in the matter.

¶5The writ petition is disposed of accordingly. Order Date :- 31.10.2023 Rama Kant High Court of Judicature at Allahabad