Chhabbi Alias Chabiya vs State Of U.P. And 3 Others
2023 Latest Caselaw 27715 ALL

Citation : 2023 Latest Caselaw 27715 ALL
Judgement Date : 9 October, 2023

Allahabad High Court

Chhabbi Alias Chabiya vs State Of U.P. And 3 Others on 9 October, 2023

Bench: Manish Kumar Nigam





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:194014
 
Court No. - 47
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2133 of 2023
 

 
Petitioner :- Chhabbi Alias Chabiya
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Tripathi B.G. Bhai,Pramod Kumar Singh
 
Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta
 

 
Hon'ble Manish Kumar Nigam,J.

1. Heard learned Counsel for the parties and perused the record.

2. The instant Public Interest Litigation has been filed for the following relief :

"(I) Issue a writ, order or direction in the nature of mandamus, directing the respondent authority i.e. respondent No.2 to take appropriate action for removing the illegal encroachment from the plot No.269-Gya area 0.4780 hectare situated in Village-Arri, Pargana-Naugarh, Tehsil-Shohratgarh, District-Siddharth Nagar, within stipulated period as fixed by this Hon'ble Court."

3. The contention of learned Counsel for the petitioner is that against the respondent no.4, an order under Section 67 of U.P. Revenue Code, 2006 has been passed on 18.02.2020. Despite the order dated 18.02.2020, the illegal encroachments made by the respondent no.4 are not being removed.

4. A preliminary objection has been raised by learned Standing Counsel for the State that the present PIL is not maintainable for execution of orders passed by the Revenue Court in view of the judgment of Division Bench of this Court in case of Manbhavati Vs. State of U.P. and others reported in 2020 1 AWC 789A.

5. Accordingly, the Public Interest Litigation is dismissed.

Order Date :- 9.10.2023

S. Singh