Rama Shankar vs State Of U.P. And 10 Others
2024 Latest Caselaw 15376 ALL

Allahabad High Court

Rama Shankar vs State Of U.P. And 10 Others on 2 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:78994
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2794 of 2023
 

 
Petitioner :- Rama Shankar
 
Respondent :- State Of U.P. And 10 Others
 
Counsel for Petitioner :- Pradeep Kumar Pandey
 
Counsel for Respondent :- Azad Rai,C.S.C.
 

 
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 State Respondents to remove the illegal encroachment made by private respondents from the Pond (Talab) land Araji No. 1041 area 0.1600 Hectare and Araji no. 1042 area 0.300 Hectare situated at village Kanjiya Atrampur Urf Nawabganj, Pragana Nawabganj, Tehsil Soraon, District Prayagraj forthwith in pursuance of orders dated 05.04.2023 and 06.04.2023 (Annexure no. 1 to the Writ Petition) passed by respondent no. 4, within stipulated period so fixed by this Hon'ble Court, in the interest of public at large."

3. Contention of learned counsel for the petitioner is that orders dated 05.04.2023 and 06.04.2023 have been passed under Section 67 of the U.P. Revenue Code, 2006 and the same have not been complied with.

4. A preliminary objection has been raised by learned Standing Counsel for the State that the public interest litigation 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).

5. Accordingly, the petition is dismissed.

Order Date :- 2.5.2024

Nitika Sri.

(Manish Kumar Nigam, J.)