Court No. - 18
Case :- WRIT - C No. - 20696 of 2018 Petitioner :- Sita Ram Yadav Respondent :- State Of U P And Another Counsel for Petitioner :- Mithilesh Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Sanjay Kumar Singh, learned Standing Counsel.
The petitioner is before this Court for a direction to competent authority to remove the encroachment of rasta (road) over the land in question.
At the very outset, learned Standing Counsel raised an objection that for the reliefs claimed in the writ petition the petitioner has alternative remedy to move appropriate application under Section 26 of U.P. Revenue Code, 2006 and as such the writ petition is liable to be dismissed.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of with observation that in case the petitioner moves appropriate application as per the aforesaid provisions before the SDM concerned within three weeks, this Court hope and trust that the same would be considered and decided in accordance with law expeditiously and preferably within three months from the date of filing of such application but certainly after giving opportunity to the parties concerned.
Order Date :- 31.5.2018 SP/