Ram Sumer vs State Of U.P. And 6 Others
2024 Latest Caselaw 16669 ALL

Citation : 2024 Latest Caselaw 16669 ALL
Judgement Date : 10 May, 2024

Allahabad High Court

Ram Sumer vs State Of U.P. And 6 Others on 10 May, 2024





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:84234
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 931 of 2024
 

 
Petitioner :- Ram Sumer
 
Respondent :- State Of U.P. And 6 Others
 
Counsel for Petitioner :- Arjun Singh Yadav,Mahesh Kumar
 
Counsel for Respondent :- Azad Rai,C.S.C.
 

 
Hon'ble Manish Kumar Nigam,J.

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

2. The instant petition has been filed for the following relief:

" (i) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no.3 to immediately remove unauthorized/illegal encroachment of respondent no.5 and 7 from the Arazi No.587 rakba 0.103 Hectare registered as Talab in the revenue records of Gram Sabha-Paur Kashiram Pur, Tehsil-Manjhanpur, District Kaushambi in pursuance of the order passed by the respondent no.4 in Case No.6336/2023 Gram Sabha Vs. Dharmendra Kumar and Case No.6337 of 2023 Gram Sabha Vs. Mahant Lal under Section 67 of U.P. Revenue Code, 2006.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to take strict legal action against he respondent no.6 and 7 under Section 3/5 of Public Property Damages Act for incurring heavy revenue loss to the State and Gram Sabha so that the justice may be done."

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. This petition is disposed of with liberty to the petitioner to approach the appropriate forum for redressal of his grievance.

Order Date :- 10.5.2024

S. Singh