Court No. - 34
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 888 of 2019 Petitioner :- Satish Chandra Pandey Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Akhilesh K. Dwivedi Counsel for Respondent :- C.S.C.,Archit Mandhyan
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 respondents have made illegal encroachment over the land of Krishi Utpadan Mandi Samiti, Tamkuhi and Town Area, Kushi Nagar.
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 seeking 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