Anand Yadav vs State Of U.P. And 4 Others
2024 Latest Caselaw 17126 ALL

Allahabad High Court

Anand Yadav vs State Of U.P. And 4 Others on 14 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:86192
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 956 of 2024
 

 
Petitioner :- Anand Yadav
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Arvind Kumar Yadav
 
Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
 

 
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 directing the respondent no. 3 i.e. Tehsildar, Lalganj, District Azamgarh to implement the judgment and order dated 07.12.2023 passed by Assistant Collector/Tehsildar, Lalganj, District- Azamgarh in Case No. 888 of 2022, Computerized Case No. T202215060400888 (State Vs. Ashok) Under Section 67 of the U.P. Revenue Code, 2006 and take necessary action for removal of encroachment and recovery of compensation."

3. Contention of the learned counsel for the petitioner is that an order dated 07.12.2023 has been passed by the Assistant Collector/ Tehsildar, Lalganj, in proceedings under Section 67 of the U.P. Revenue Code, 2006 but despite the order passed by the Tehsildar, the encroachment has not been removed.

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

Order Date :- 14.5.2024

Ved Prakash

(Manish Kumar Nigam,J.)