Court No. - 34
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 929 of 2019 Petitioner :- Mahendra Kumar Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Sanjay Dubey 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 alleging that private respondent 4 has made illegal encroachment over Araji No. 39 gha, area 0.3470 hectare, situated at Village Araji Bagahi, Pargana Devgaon, Tehsil Lalganj, District Azamgarh.
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 respondent, 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