Ram Bharat vs State Of U.P. And 3 Others
2024 Latest Caselaw 15757 ALL

Allahabad High Court

Ram Bharat vs State Of U.P. And 3 Others on 6 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:80633
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1352 of 2022
 

 
Petitioner :- Ram Bharat
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Raj Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Kumar Nigam,J.
 

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

2. The present PIL has been filed for following relief:

"Issue a writ, order or direction in the nature of mandamus directing to the respondent no.3 (Assistant Collector/Tehsildar) shall take action against the respondent no.4 for removal of the illegal encroachment from Arazi No.330 area 0.020 hectare in pursuance of the order dated 8.1.2020 situated in Village-Roopwar, Bhagwanpur, Tehsil-Belthra Road, District-Ballia on the spot."

3. By the order dated 3.1.2024, this Court directed the respondents to file counter affidavit. However, no counter affidavit has been filed till date. When the matter is taken up today, it was not clear that whether any appeal has been filed against the order and the proceedings have been finalized or not.

4. Even otherwise 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 Public Interest Litigation is not maintainable for execution of orders passed by the Revenue Court.

5. . Accordingly, the present Public Interest Litigation is disposed of with liberty to the petitioner to approach the authority concerned for redressal of his grievance.

Order Date :- 6.5.2024

S. Singh