Petitioner filed a writ petition seeking mandamus to remove an illegal construction. The court granted liberty to approach the appropriate forum under the U.P. Revenue Code, 2006. The writ petition is consigned to record.
Liberty given to petitioner to file application under Sections 67 and 25 of U.P. Revenue Code, 2006.
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Court No. - 74
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1465 of 2020 Petitioner :- Suman Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Maya Pati Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
Heard Sri Maya Pati Pandey, learned counsel for the petitioner 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 and directing the respondents authorities to take the action against the respondent no. 4 and remove the illegal construction made over the araji no. 188 situated at village Tharaulee Pargana and Tehsil Naugarh District Siddharth Nagar, within a prescribed period as fixed 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.
In view of the above, liberty is given to the petitioner to approach the appropriate forum by moving appropriate application under Section 67 read with Section 25 of the U.P. Revenue Code, 2006, if it is applicable. In the event the application under Section 67 of the U.P. Revenue Code, 2006 is filed, the same shall be considered and decided strictly in accordance with law within the stipulated period of time prescribed for under the Rules.
Subject to aforesaid liberty and direction, the writ petition is consigned to record at this stage.
Order Date :- 3.12.2020 Arif
1 issue framed by the court
Whether the petitioner has an adequate alternative remedy to challenge the illegal construction.
3 provisions across 2 enactments
Suman
State Of U.P.
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
