Allahabad High Court
Netrapal Singh vs State Of U.P. And 7 Others on 24 May, 2023
Bench: Pritinker Diwaker, Suneet Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:116078-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1259 of 2023 Petitioner :- Netrapal Singh Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Rajesh Kumar Mishra Counsel for Respondent :- C.S.C.,Shyam Mani Shukla Hon'ble Pritinker Diwaker,Chief Justice Hon'ble Suneet Kumar,J.
Sri Rajesh Kumar Mishra, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Shyam Mani Shukla, learned counsel for respondent no. 5.
Present petition has been filed seeking a writ of mandamus directing to the respondent authorities to remove the alleged encroachment made by respondent nos. 6 and 7 over a public path.
Petition involves disputed questions of fact, which cannot be gone into in a public interest litigation filed under Article 226 of the Constitution of India.
At this stage, learned counsel for the petitioner submits that petitioner has a remedy to approach the appropriate authority by filing appropriate application under Section 133 of Cr.P.C. He submits that the present petition may be dismissed granting liberty to the petitioner to avail remedy available to him under the law.
Petition is accordingly dismissed, leaving it open for the petitioner to avail remedy available to him under the law.
Order Date :- 24.5.2023 SK (Suneet Kumar,J.) (Pritinker Diwaker,CJ.)