The court addressed a writ petition concerning alleged encroachment on Public Works Department land. Holding that the competent authority must pass a statutory order for removal under Section 26 of U.P. Revenue Code or Section 133 Cr.P.C., the court rejected the writ petition as not maintainable due to the availability of an alternative remedy.
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Court No. - 34 Case :- WRIT - C No. - 28288 of 2019 Petitioner :- Rajaram Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Devendra Kumar Singh Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
Order Date :- 19.9.2019 Manish Himwan
2 issues framed by the court
Whether the Writ Petition under Article 226 of the Constitution is maintainable.
Whether the competent authority has passed an order for removal of encroachment.
3 provisions across 3 enactments
Rajaram
State Of U.P.
Sudhir Agarwal
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
