Court No. - 34
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 920 of 2019 Petitioner :- Chaudhary Satyapal Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Virendra Kumar Jaiswal Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
1. This is a thoroughly misconceived and ill-advised writ petition. Petitioner is seeking mandamus to respondents to convert Nala over Plot No. 41 and Plot No.284 situated at village Ukhlarsi, Pargana Jalalbad, Tehsil Modi Nagar, Ghaziabad
2. Be that as it may, remedy lies under Section 133 of Criminal Procedure Code, 1973, to raise his grievance before Authority concerned.
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 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