Neeraj Kumar Sharma v. State of U.P. and 4 Others
Case brief
What is this about?
The petitioner filed a PIL for eviction of encroachment on government land. The court held the petitioner has an adequate alternative remedy by approaching the forum under Section 67 read with Section 25 of the U.P. Revenue Code, 2006.
What did the court decide?
Liberty granted to petitioner to move application under Section 67 and Section 25 of U.P. Revenue Code, 2006.
What the court decided
Court No. - 74
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1438 of 2020 Petitioner :- Neeraj Kumar Sharma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Kumar Dubey Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
Sri Anand Mohan Pandey has filed Vakalatnama on behalf of the respondent no. 5 which is taken on record.
Heard Sri Rajesh Kumar Dubey, learned counsel for the petitioner, Sri Krishnakant Singh, learned counsel for the Gaon Sabha and the learned standing counsel for the State respondent.
By means of this petition under Article 226 of the Constitution, the petitioner has prayed for following relief no. (i) as substantial relief:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents 1st to ensure the eviction of encroachment raised by respondent 2nd set from the land of Gata no. 305/1837 (chak-marg) measuring its area 0.0080 hectare, i.e. situated in Gram Sabha, mehrara Hathras, District - Hathras, U.P., forthwith or within a time as stipulated by this Hon'ble Court."
Learned Standing Counsel submits that the petitioner has an adequate efficacious alternative remedy to move appropriate application under Section 67 of the U.P. Revenue Code, 2006.
Issues for consideration
1 issue framed by the court
Whether the petitioner has an adequate efficacious alternative remedy to file an application under Section 67 of the U.P. Revenue Code, 2006 to evict encroachments.
Parties & counsel
- petitioner
Neeraj Kumar Sharma
- respondent
State Of U.P.
Coram
Ajit Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- WPIL/1438/2020
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