Mohan Lal Patel v. State of U.P. and 4 Others

Court No. - 47 Case :- WRIT - C No. - 38511 of 2023 Petitioner :- Mohan Lal Patel Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- K.C. Mishra Counsel for Respondent :- C.S.C.,Azad Rai Hon'ble Manish Kumar Nigam,J.

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

¶2The present petition has been filed with the following prayer: A. Issue a writ, order or direction in the nature of mandamus commanding to respondent no.2 to take an expeditious action in respect of removal of encroachment over arazi no.423m gross area 0.046 hect. as per provision enshrined under Revenue Code, 2006 situate at Village Baripur, Tehsil-Sirathu, District-Kaushambi within a very stipulated time as per fixed by this Hon'ble Court.

¶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 judgments passed by this Court in case of 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.

¶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 these observations, the present writ petition stands disposed of. Order Date :- 20.11.2023 S. Singh High Court of Judicature at Allahabad