Allahabad High Court
Dileep Kumar Pandey And Another vs State Of U.P. And 15 Others on 17 October, 2019
Bench: Sudhir Agarwal, Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 34 Case :- WRIT - C No. - 32860 of 2019 Petitioner :- Dileep Kumar Pandey And Another Respondent :- State Of U.P. And 15 Others Counsel for Petitioner :- Anil Kumar Singh,Ranjeet Singh,Sanjeev Kumar Counsel for Respondent :- C.S.C.,Syed Ahmed Faizan Hon'ble Sudhir Agarwal,J.
Hon'ble Rajeev Misra,J.
1. Heard Sri Anil Kumar Singh, learned counsel for petitioners and Sri Bakhteyar Yusuf, learned counsel appearing for respondents- 14, 15 and 16.
2. Petitioner has alleged that there is an encroachment by some private parties on public road ([kM+Utk).
3. Sri Bakhteyar Yusuf, learned counsel appearing for respondents- 14, 15 and 16 stated that there is already a suit pending in the Court of Civil Judge, Junior Division, Court No. 11, Allahabad i.e. Original Suit No. 2654 of 2018, Phool Chandra Tiwari Vs. Rameshwar Prasad Pathak and Others. The prayer made in aforesaid suit reads as under:-
^^;g fd U;k;ky; }kjk izfroknhx.k ds fo:) LFkkbZ fu"ks/kkKk dh fMdzh ikfjr dj mUgsa o muds esyh ennxkjksa o ,tsaVksa dks lnSo ds fy, oftZr djk fn;s tkos fd og okn i= ds lkFk layXu uD'kk utjh ds fookfnr Hkwfe ftls cjax yky v{kj v] c] l] n ls iznf'kZr fd;k x;k gS ftldh uki v] c] l] n ¾ 35 fQV ,oa v]l] ,oa c n ¾ 25 fQV ,oa pkSgn~nh iwjc&oknh dk cjkenk] if'pe&nso LFkku o f'ko eafnj] mRrj oknh dk edku] nf{k.k&[kM+Utk ekxZ gSA tks xzke ikBd dk iwjk ekStk vf/k;kjh ijxuk uokcxat rglhy lksjkao ftyk bykgkckn esa fLFkr gS ij oknh ds vf/kdkj esa fdlh Hkh izdkj ls vojks/k mRiUu u djas vkSj u gh ml ij voS/k vfrdze.k dj mlls csn[ky djus dk iz;kl djsa vkSj u gh mlesa jkLrs dk fuekZ.k djs vkSj u gh oknh dh iDdh pjgh dks {kfrxzLr dj ukcnku can djsa vkSj u oknh ds 'kkfUr dCtk n[ky esa O;o/kku mRiUu djsaA** "That an order in the nature of permanent injunction may please be passed by the decree of the court restraining the defendants, their companions and agents from creating any hindrance in the plaintiff's possession over the disputed land situated at Village Pathak Ka Pura, Mauja Adhiyari, Pargana Nawabganj, Tehsil Soraon, Distt Allahabad shown in red ink as ''ABCD' having measurements ABCD =35 feet, AC = 25 feet and BD =25 feet and bounded by plaintiff's verandah in the east, Dev Sthan and Shiv temple in the west, plaintiff's house in the north and paved road in the south; from attempting to evict him by illegally encroaching his land; from constructing pathway thereon; from closing the drain by damaging the plaintiff's concrete trough and from interfering with plaintiff's peaceful possession and occupation." (English Translation by Court)
5. Be that as it may, if there is an encroachment on public road, statutory remedy is available to petitioner under Section 26 of U.P. Revenue Code, 2006 (hereinafter referred to as "Code, 2006").
6. Writ petition is dismissed on the ground of alternative remedy.
Order Date :- 17.10.2019 Siddhant Sahu