Vijay Yadav vs State Of U.P. And 12 Others
2024 Latest Caselaw 16232 ALL

Allahabad High Court

Vijay Yadav vs State Of U.P. And 12 Others on 8 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:82286
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 915 of 2024
 

 
Petitioner :- Vijay Yadav
 
Respondent :- State Of U.P. And 12 Others
 
Counsel for Petitioner :- Hiralal
 
Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.
 

 
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:

"I. Issue a writ, order or direction in the nature of mandamus issue ad interim mandamus directing the Respondent No. 2 to 5 to take necessary action against the Respondent No. 6 to 13 and discharge the encroachment from the gata Nos. 195/1, 195/2, 195M/3, 195/4, 195/5, 195M/3, 195M/3 are recorded as 'RASTA' in revenue record situated at Village Katesar, Pargana Ralhupur, Tehsil Pt. Deen Dayal Upadhyay Nagar (Mugalsaray), District Chandauli, immediately, within stipulated period, so justice be done."

3. Contention of the learned counsel for the petitioner is that in proceeding under Section 67 of the U.P. Revenue Code, 2006, an order has been passed against the respondents on 13.03.2023. Despite the order passed by the revenue authorities, the encroachment has not been removed.

4. 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 writ petition is not maintainable for execution of orders passed by the Revenue Court.

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

Order Date :- 8.5.2024

Ved Prakash

(Manish Kumar Nigam,J.)