Court No. - 38
Case :- WRIT - C No. - 17332 of 2021 Petitioner :- Samundra Prasad Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Anand Prakash Pandey Counsel for Respondent :- C.S.C.,Azad Rai,Jayendra Kumar Mishra
Hon'ble Rajeev Misra,J.
Heard Mr. Anand Prakash Pandey, learned counsel for petitioner, learned Standing Counsel representing respondents 1, 2, 3, 4, and 5, Mr. Azad Rai, learned counsel representing respondent 6 and Mr. Jayendra Kumar Mishra, learned counsel representing respondent 7.
Petitioner has filed present writ petition claiming following reliefs:-
1. Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to take legal and necessary action to remove the encroachment from the Chak Marg as Gata No. 111 area 0.0180 hectare, village Bhiskuri, Pargana and Tehsil Bara, District Prayagraj.
2. Issue a writ, order or direction in the nature of Mandamus commanding the respondent no. 03 to take necessary action on the request letters dated 30.06.2021 represented by villagers along with the petitioner.
3. Issue any other suitable order or direction as this Hon'ble Court may deem fit and proper under the fact and circumstances of the case.
4. Award the cost of the writ petition in favour of the petitioner.
At the very outset, learned Standing Counsel and Mr. Azad Rai have raised a preliminary objection by submitting that petitioner has right of appeal before competent authority in terms of Section 67 of U.P. Revenue Code 2006. Since effective and efficacious alternative remedy is available to petitioner, therefore, present writ petition is not maintainable.
When confronted with above, learned counsel for petitioner could not overcome the same.
In view of above, present writ petition fails and is liable to be dismissed.
Writ petition is, accordingly, dismissed on the ground of alternative remedy.
Order Date :- 25.10.2021 HSM