Satendra Kumar Pandey vs Addl. Commissioner (Judicial) , ...
2023 Latest Caselaw 1208 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- WRIT - C No. - 7048 of 2022
 

 
Petitioner :- Satendra Kumar Pandey
 
Respondent :- Addl. Commissioner (Judicial) , Ayodhya And Others
 
Counsel for Petitioner :- Rajesh Kumar Shukla
 
Counsel for Respondent :- C.S.C.,Satish Chandra Kashish
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Manish Kumar,J.

Heard the learned counsel for the petitioner and Shri Satish Chandra Kashish, who appears for the private Opposite party no.5.

The present writ petition has been preferred for issuing a direction to the Respondent nos.2 to 4 to ensure compliance of the order dated 09.03.2022 passed by the Additional Commissioner (Judicial), Ayodhya Mandal, Ayodhya, in Appeal No.42 of 2022, under Section 24 (4) of Uttar Pradesh Revenue Code, 2006 and also to direct the Opposite parties to remove the illegal encroachment of the Respondent no.5 from the land of Gata No.236 & 238 situated at Village Diyara, Pargana-Aldeymau, Tehsil-Jaisinghpur, District Sultanpur.

Learned counsel for the petitioner has submitted that the order dated 09.03.2022 passed by the Appellate Authority has not been complied with by the Opposite party nos.2 to 4 and they may be directed for the compliance of the same.

On the other hand, learned counsel for the State has submitted that for compliance/ execution of the order passed by the Appellate Authority, the petitioner has remedy under Para-460 of the U.P. Revenue Code Manual and also placed reliance upon the judgment of this Court in the case of Ajab Lal Vs. Rakesh Kumar Mishra and others reported in 2007 AIR Alld. 158.

After hearing the learned counsel for the parties, if the petitioner is aggrieved that the order passed by the Appellate Authority has not been complied with then the petitioner has a statutory remedy to approach under Para-460 of the U.P. Revenue Code Manual for redressal of his grievance.

At this stage, learned counsel for the petitioner has confined his prayer to the extent that a direction may be issued to the Appellate Authority to decide the Appeal finally as objection has already been filed on behalf of the private respondent no.5.

On the request of the learned counsel for the petitioner, we dispose of the writ petition finally with a direction to the Appellate Authority to decide the Appeal within a period of three months from the date a certified copy of this order is produced before him.

Order Date :- 11.1.2023

N.PAL