Court No. - 34
Case :- WRIT - C No. - 31623 of 2019 Petitioner :- Bajir Chand Respondent :- State of U.P. and 15 others Counsel for Petitioner :- Rahul Sahai Counsel for Respondent :- C.S.C. Hon'ble Sudhir Agarwal,J.
Hon'ble Rajeev Misra,J.
1. Heard Sri Rahul Sahai, learned counsel for petitioner and learned Standing Counsel for State.
2. By means of this petition under Article 226 of constitution, petitioner has sought following relief:-
"I. Issue a writ order or direction in the nature of mandamus directing the respondents authorities to ensure removal of encroachment by the contesting private respondent over Gata No. 225 area 0.101 hect. and the public road in front of Gata No. 75 situated at Nagla Samola, Mauja Palikheda, Tehsil and District Mathura within a short time bound period as may be determined by this Hon'ble Court under the facts and circumstances of the case."
3. Grievance of petitioner is that private respondents have encroached upon his private land, i.e., Plot No. 225 area 0.101 hectare and also public road in front of Gata No. 75 situated at Nagla Samola, Mauja Palikheda, Tehsil and District Mathura.
4. That being so, petitioner, in respect of his private land, has remedy of filing suit for injunction and if there is any encroachment or obstruction on public road, remedy lies under Section 26 of Uttar Pradesh Revenue Code, 2006. No writ under Article 226 of Constitution should ordinarily be issued in matters where remedy lies under common law.
5. Dismissed on the ground of alternative remedy.
Order Date: 27.09.2019 Ram Murti