Dismissed
Prem Chandra v. State of U.P. and 15 Others
Allahabad HCWPIL/311/2021
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Case :- PUBLIC INTEREST LITIGATION (PIL) No.…
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Case :- PUBLIC INTEREST LITIGATION (PIL) No.…
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Court No. - 36
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 311 of 2021
Petitioner :- Prem Chandra Respondent :- State Of U.P. And 15 Others Counsel for Petitioner :- Suresh Chandra Gupta,Ram Chandra Gupta Counsel for Respondent :- C.S.C.,Sunil Kumar Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri B.B. Pandey, learned Chief Standing Counsel assisted by Shri Surya Bhan Singh, learned Standing Counsel appearing for the State respondents through video conferencing.
In view of the order proposed to be passed, notices need not go to private respondents.
Present writ petition has been preferred for a direction to authority concerned to decide the grievance of the petitioner and to restore the gaon sabha land from respondent nos.6 to 16, who is alleged to have committed fraud and manipulated in revenue records of the Village Gulchapa Tehsil Handia, Distt. Prayagraj.
At the outset, learned Chief Standing Counsel raised a preliminary objection regarding the maintainability of the writ petition on the ground that for the reliefs claimed in the writ petition, full fledged mechanism is provided in the form of Section 67 of the U.P. Revenue Code, 2006 and once alternative remedy is available, there is no reason or occasion to interfere in the matter.
The Court has proceeded to examine the record in question and find substance in the objection raised by learned Chief Standing Counsel. In case the petitioner has any grievance, he may file appropriate application in view of the aforesaid provisions and in case any such application is filed, the same will be decided by the authority concerned in accordance with law expeditiously but certainly after giving opportunity to all the stake holders in the matter.
The writ petition is disposed of accordingly.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 7.6.2021 SP/
1 issue framed by the court
Whether Section 67 of the U.P. Revenue Code, 2006 provides an alternative remedy barring the maintainability of the writ petition titled PUBLIC INTEREST LITIGATION (PIL) No. - 311 of 2021.
Prem Chandra
State Of U.P.
Mahesh Chandra Tripathi
As recorded by the court registry
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