Roop Narayan Srivastava Alias Roop Narayan v. State of U.P. Thru. Prin. Secy. Revenue, U.P. Lucknow and 14 Others

Court No. - 8 Case :- WRIT - C No. - 6729 of 2023 Petitioner :- Roop Narayan Srivastava Alias Roop Narayan Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, U.P. Lucknow And 14 Others Counsel for Petitioner :- Durgendra Kumar Tiwari Counsel for Respondent :- C.S.C.,Mohan Singh,Rajesh Kumar Shukla Hon'ble Ajay Bhanot,J. Heard Shri Durgendra Kumar Tiwari, learned counsel for the petitioner, Shri Shri Rajesh Kumar Shukla, learned counsel assisted by Shri Gaurav Kumar, learned counsel for the opposite party nos. 13 and 14, Shri Pankaj Khare, learned Additional Chief Standing Counsel for the State and Shri Mohan Singh, learned counsel for the Gaon Sabha. The matter pertains to encroachment over a public path. Shri Pankaj Khare, learned Additional Chief Standing Counsel submits that the controversy involves disputed questions of fact and law which can be decided by the competent authority. The petitioner has an alternative and efficacious remedy of approaching the competent authority/revenue court for redressal of his grievances. Faced with this, Shri Durgendra Kumar Tiwari, learned counsel for the petitioner does not press the prayer sought in the writ petition. He recasts his relief and submits that the petitioner may be permitted to approach the competent authority/revenue court. There is no opposition to the aforesaid prayer without prejudice to the rights of other private parties. In this wake, it is open to the petitioner to approach the competent authority/revenue court under the U.P. Revenue Code, 2006 for redressal of his grievances. The writ petition is disposed of. Order Date :- 8.8.2023 Dhananjai High Court of Judicature at Allahabad, Lucknow Bench