Tar Babu vs State Of U.P. And 14 Others
2024 Latest Caselaw 15781 ALL

Allahabad High Court

Tar Babu vs State Of U.P. And 14 Others on 6 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:82948
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2333 of 2023
 
Petitioner :- Tar Babu
 
Respondent :- State Of U.P. And 14 Others
 
Counsel for Petitioner :- Arvind Kumar Singh
 
Counsel for Respondent :- C.S.C.,Krishna Kant Singh
 

 
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 seeking following relief :-

"issue writ, order or direction in the nature of mandamus direct the respondent no.3 to conclude the eviction proceedings initiated against the respondent no.5 to 15 within stipulated time and direct him to remove the encroachments from the plot no.1411.0.0280 hectare situated in village: Gaisinghpur, Pargana: Azamnagar, Tahsil: Aliganj, District: Etah within stipulated time as fixed by this Hon'ble Court."

3. It has been stated by learned counsel for the petitioner that orders for removal of encroachment has been passed by Tehsildar on 29.4.2024 but the encroachment has 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.]