Court No. - 34
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 921 of 2019 Petitioner :- Anath Jeev Daya Kalyan Samiti Respondent :- State Of U P And 33 Others Counsel for Petitioner :- Prabhat Chandra Mishra Counsel for Respondent :- C.S.C.,Brij Kumar Yadav
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
1. This is a thoroughly misconceived and ill-advised writ petition. Petitioner is alleging that private respondents have made illegal encroachment over Gram Sabha land / Charagah, which is public utility land.
2. Be that as it may, remedy lies under Section 25 of U.P. Revenue Code 2006, to raise his grievance before the Revenue Court.
3. Since statutory alternative remedy is available and matter requires investigation of facts whether there is any encroachment over the land in question by private respondents, as alleged, we do not find it a fit case for seeking indulgence in writ petition filed as Public Interest Litigation.
4. In view thereof, this PIL is dismissed on the ground of alternative remedy.
Order Date :- 26.4.2019 Akram