Ajay Kumar vs State Of U.P. And 18 Others
2024 Latest Caselaw 15753 ALL

Allahabad High Court

Ajay Kumar vs State Of U.P. And 18 Others on 6 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:83250
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2645 of 2023
 
Petitioner :- Ajay Kumar
 
Respondent :- State Of U.P. And 18 Others
 
Counsel for Petitioner :- Bhole Ram
 
Counsel for Respondent :- C.S.C.,Deepak Gaur
 

 
Hon'ble Manish Kumar Nigam,J.
 

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

2. The present petition has been filed seeking following relief :-

"i) Issue a writ order or direction in the nature of mandamus commanding and directing the respondents/authority to disposses the respondent no.6 to 19 from the Pond Land No.483 situated at Village Karhi Tehsil Month District Jhansi.

ii) Issue a writ order or direction in the nature of mandamus Commanding and directing the respondents/authority to consider the application dated 06.06.2023 (Annexure No.6) to this writ petition."

3. It has been contended by learned counsel for the petitioner that despite orders have been passed by the respondents' authorities u/s 67 of the U.P. Revenue Code, 2006 on 31.3.2023, encroachments have not been removed.

4. A preliminary objection has been raised by learned Standing Counsel that the writ petition is not maintainable for execution of the orders passed by the Revenue Court in view of the judgment passed by the Division Bench of this Court in Manbhavati vs. State of U.P. and others; 2020 1 AWC 789A as well as in Writ C No. 7863 of 2018 (Brij Bhushan Rai v. State of U.P. and 6 others).

5. Accordingly, the writ petition is dismissed.

6. However, petitioner is at liberty to avail remedy, available to him, under the law.

Order Date :- 6.5.2024

Rishabh

[Manish Kumar Nigam, J.]