Ran Vijay @ Jhinku And 15 Others vs State Of U.P. And 5 Others
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Allahabad High Court

Ran Vijay @ Jhinku And 15 Others vs State Of U.P. And 5 Others on 2 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:79239
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1160 of 2022
 

 
Petitioner :- Ran Vijay @ Jhinku And 15 Others
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Giri Ram Rawat,Indra Deo Mishra,Shushil Kumar Mishra
 
Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. The prayer for adjournment made by learned Counsel for the petitioner is rejected

2. The present PIL is pending since 2022.

3. Perused the record.

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

"Issue a writ in the nature of mandamus commanding the respondents to implement/enforce the eviction order dated 02.02.2021 passed by Assistant Collector Ist/Tehsildar, Nizamabad, District Azamgarh under Section 67 of the U.P. Revenue Code, 2006 against respondent no.6 for evicting him from plot no.226 area 0.006 Hectare (Chakmarg) in Case No.2710/2020 (State Vs. Kamlesh) after the dismissal of his Appeal No.1751 of 2021 by Addl. District Magistrate (Admin), Azamgarh dated 31.3.2022 relating to village Khalifatpur, Tehsil Nizamabad, District Azamgarh.

5. 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).

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

Order Date :- 2.5.2024

S. Singh