Yogesh Kumar Srivastava vs State Of U.P. And 5 Others
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Allahabad High Court

Yogesh Kumar Srivastava vs State Of U.P. And 5 Others on 6 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


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Neutral Citation No. - 2024:AHC:80942
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2870 of 2023
 

 
Petitioner :- Yogesh Kumar Srivastava
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Rampyare Lal Srivastava,Subash Chandra Srivastava
 
Counsel for Respondent :- Bhupendra Kumar Tripathi,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 writ, order or direction in the nature of mandamus directing the respondent no. 2 and 3 to remove the illegal encroachment over Arazi No. 249, 251, 252, 275 SA recorded as Bheeta and Arazi no. 250 recorded as ponds of village-Horaiya, Tehsil- Madiyahu, District- Jaunpur which is occupied by respondent no. 6 (Annexure No. of this P.I.L.) in Mauza-Horaiya, Tehsil-Madiyahu, District-Jaunpur which is illegally occupied by respondent no. 6 within stipulated period which may fixed by this Hon'ble Court."

3. Contention of the learned counsel for the petitioner is that regarding Gata No. 275 Sa, proceedings under Section 67 has been undertaken and the order for eviction has been passed but the same has not been complied with.

4. 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), the writ petition is not maintainable for execution of orders passed by the Revenue Court.

5. So far as the other Gata Nos. 249, 250, 251, 252 are concerned, the petitioner has an alternative remedy to approach appropriate authority by moving an application under Section 67 of the Uttar Pradesh Revenue Code, 2006 in view of the judgment passed by this Court in Jahar Singh v. State of U.P. reported in 2017(4) ADJ 619 as well as in Kanhaiya Lal v. State of U.P. and others reported in 2023 (12) ADJ 226.

6. In case, the petitioner moves an application under Section 67 of Uttar Pradesh Revenue Code, 2006, before appropriate authority, the same shall be decided after hearing all the concerned parties in accordance with law.

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

Order Date :- 6.5.2024

Ved Prakash

(Manish Kumar Nigam,J.)