Rajnath v. State of U.P. and 4 Others

Court No. - 47 Case :- WRIT - C No. - 41311 of 2023 Petitioner :- Rajnath Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Alok Kumar Gupta,Sanjay Kumar Singh Counsel for Respondent :- C.S.C.,Pradeep Singh 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). to issue a writ, order or direction in the nature of Mandamus directing the respondent no.3 to remove the said illegal construction/encroachment from Talab situated at Gata No.172, Village Jiyanpur, Tehsil-Aurai, District Sant Ravidas Nagar, Bhadohi."

¶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 :- 1.12.2023 S. Singh High Court of Judicature at Allahabad