Mata Prasad v. State of U.P. and 3 Others

Court No. - 47 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2693 of 2023 Petitioner :- Mata Prasad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kanhaiya Lal Tiwari 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: "I. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2 and 3 to remove the illegal encroachment of respondent no. 4 upon the Arazi No. 12 area 0.157 hectare situated at Village-Majhauwa Kunwar, Tappa-Puraina, Pargana-Amora, Tehsil-Harraiya, District-Basti recorded as Khalihan, within stipulated period which this Hon'ble Court may deem fit and proper to the circumstances of the case."

¶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 as well as in Public Interest Litigation No. 2117 of 2023 (Kanhaiya Lal v. State of U.P. and 14 others.

¶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 :- 30.11.2023 Ved Prakash (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad