Citation : 2024 Latest Caselaw 15759 ALL
Judgement Date : 6 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:80701 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1983 of 2021 Petitioner :- Vivekanand Singh Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Anil Kumar Sharma Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.,Gyanendra Prakash Srivastava 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:
" Issue a writ, order or direction in the nature of mandamus commanding the respondent nos.2 and 3 to take necessary action and pass appropriate order against the respondent no.5 for removal of his illegal encroachment over the Gram Sabha land Gata No.238 area 0.430 hectare recorded as Play Ground in the revenue record, situated in Village Karaila Sahedi, Tehsil and District-Ghazipur."
3. 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).
4. 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
S. Singh
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