Janardan Yadav vs State Of U.P. And 2 Others
2023 Latest Caselaw 30259 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:207679
 
Court No. - 47
 

 
Case :- WRIT - C No. - 36344 of 2023
 

 
Petitioner :- Janardan Yadav
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Anand Kumar Chaurasia,Shashi Bhushan Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Kumar Nigam,J.

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

2. The writ petition has been filed for the following reliefs:

"i) Issue a writ, order or direction in the nature of Mandamus commanding/ directing the respondent No. 3 to decide the application of the petitioner dated 25.09.2023 within stipulated period as may be fixed by this Hon'ble Court.

ii) Issue a writ, order or direction in the nature of Mandamus commanding/ directing the respondent No. 3 to declare the action of removal of hut etc. of the petitioner as illegal as the case is subjudice."

3. Learned Standing Counsel raised a preliminary objection that from perusal of application filed by petitioner, it is clear that petitioner has sought removal of unauthorized encroachments made by other person. No such relief can be granted to the petitioner in view of judgment of this Court in Public Interest Litigation (PIL) No. 2117 of 2023 decided on 27.09.2023.

4. Accordingly, the writ petition is dismissed with liberty to the petitioner to pursue the remedy available to him under law.

Order Date :- 31.10.2023

Nitika Sri.

(Manish Kumar Nigam, J.)