Moobeen Ahmad v. State of U.P. and 6 Others

Court No. - 47 Case :- WRIT - C No. - 41189 of 2023 Petitioner :- Moobeen Ahmad Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Seraj Ahmad Counsel for Respondent :- CSC,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: "I. Issue a writ, order/direction in the nature of mandamus commanding/ directing the respondent no. 2 to remove encroachment (unauthorized occupation) over Gata No. 584 of area 0.02170 hectare is recorded in revenue record as public utility land (SADAK) situates at Village Gauharpur, Taluka Masadi, Pargana Mah, Tehsil Handiya, District-Prayagraj.

ii) Issue a writ, order/direction in the nature of mandamus commanding the respondent no. 2 Sub Divisional Magistrate, Handiya, District - Prayagraj to take appropriate action on the application dated 10.11.2023 on the basis of report submitted by the Area Lekhpal dated 27.01.2023 adn 18.03.2023 (Annexure no. 3 and 4 to the writ petition) respectively."

¶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 High Court of Judicature at Allahabad