Ram Bachan Tiwari vs State Of U.P. And 4 Others
2024 Latest Caselaw 15978 ALL

Allahabad High Court

Ram Bachan Tiwari vs State Of U.P. And 4 Others on 7 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:81233
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 906 of 2024
 

 
Petitioner :- Ram Bachan Tiwari
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Jai Prakash Rai,Rajesh Tewari
 
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:

"(i) Issue a writ order or direction in the nature of mandamus commanding and directing the respondent no.2, District Magistrate, Ghazipur to release the Arazi No.51 measuring area 0.0890 hectare situated at Village Dayalpur, Pargana Sadiyabad, Tehsil Jakhaniya, District Ghazipur from the possession of respondent nos.4 and 5 (encroacher) to public utility land (Khalihan) in the interest of justice."

3. It has been contended by learned Counsel for the petitioner that the proceedings under Section 67 of the U.P. Revenue Code, 2006 have been initiated against the respondents, which have been decided by the order dated 25.11.2022.

4. 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).

5. At this stage, I am not inclined to interfere in the matter for the reasons that it is not clear as to whether the proceedings have been finalized or not.

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

Order Date :- 7.5.2024

S. Singh