Court No. - 18
Case :- WRIT - C No. - 20122 of 2018 Petitioner :- Bharat Singh Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Akshay Kumar Shukla Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners and learned Standing Counsel.
In view of the order proposed to be passed, notices need not go to private respondent.
The petitioner is before this Court for a direction to respondents to remove illegal encroachment of the land in question from the respondent no.5.
At the outset, learned Standing Counsel raised a preliminary objection regarding the maintainability of the writ petition on the ground that for the reliefs claimed in the writ petition, full fledged mechanism is provided in the UPZA & LR Act 1950 in the form of Section 122-B and Section 67(1) of Land Revenue Act 2006 and once alternative remedy is available there is no reason or occasion to interfere in the matter.
The Court has proceeded to examine the record in question and find substance in the objection raised by learned Standing Counsel. In case the petitioner has any grievance, he may file appropriate application in view of the aforesaid provisions and in case any such application is filed, the same will be decided by the authority concerned in accordance with law expeditiously but certainly after giving opportunity to the parties concerned.
The writ petition is disposed of accordingly.
Order Date :- 29.5.2018 SP/