Lal Singh v. State of U.P. and 6 Others

Court No. - 47 Case :- WRIT - C No. - 33465 of 2023 Petitioner :- Lal Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Dharm Jeet Singh,Mohan Yadav Counsel for Respondent :- C.S.C.,Arun Kumar Pandey 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 or direction in the nature of mandamus commanding and directing the respondents to remove the illegal encroachment/possession made by the respondent no.6 and 7 from the Gata No.47 area 0.481 hectare, Gata No.46 area

0.492, Gata No.49 area 0.062 hectare situated in village Meerapur, Pargana Basta, Tehsil Chandpur, District Bijnor."

¶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 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.

¶5Accordingly, the present writ petition is dismissed. In 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. Order Date :- 16.10.2023 S. Singh High Court of Judicature at Allahabad