Court No. - 34
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 601 of 2019 Petitioner :- Ajay Kumar Upadhyay Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Tripathi Counsel for Respondent :- C.S.C.,A.K. Upadhyay
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
1. Heard Sri Raj Shekhar Tripathi, Advocate holding brief of Sri Rajesh Tripathi, learned counsel for petitioner; and, Sri A.K. Upadhyay, learned counsel for respondents and learned Standing Counsel for State.
2. Petitioner is seeking a writ of mandamus commanding respondents to remove illegal encroachment/construction by some private persons over public property.
3. In respect of such private dispute, remedy lies under Section 133 Cr.P.C. and if there is alleged encroachment on public path, land etc., petitioner can avail the same.
4. In view thereof, writ petition is dismissed on the ground of alternative remedy.
Order Date :- 26.4.2019 Siddhant Sahu