Santosh Kumar Yadav vs State Of Up And 3 Others
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Allahabad High Court

Santosh Kumar Yadav vs State Of Up And 3 Others on 1 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:77414
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 535 of 2024
 

 
Petitioner :- Santosh Kumar Yadav
 
Respondent :- State Of Up And 3 Others
 
Counsel for Petitioner :- Amit Prakash Upadhyay
 
Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
 

 
Hon'ble Manish Kumar Nigam,J.
 

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

2. The present writ petition has been filed for following relief:

"(i) Issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 to implementation of his own order dated 2.6.2023 passed in Case No.04305 of 2020 "Computer Case No.T202015060704305" (Report Vs. Kapilmuni) u/s 67 of U.P. Revenue Code, 2006 by removing the illegal encroachment made by respondent no.4 over the Gata No.56M area 0.0010 hectare situated at Village Bhawanpur Pargana & Tehsil Sagari, District Azamgarh recorded as 'Chakmarg' in the revenue record."

3. A preliminary objection has been raised by learned Standing Counsel for the State that the writ petition 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 and Writ C No. 7863 of 2018 (Brij Bhushan Rai v. State of U.P. and 6 others).

4. Accordingly, the writ petition is disposed of with liberty to the petitioner to approach the authority concerned for redressal of his grievance.

Order Date :- 1.5.2024

S. Singh