Citation : 2024 Latest Caselaw 17374 ALL
Judgement Date : 15 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:87342 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 960 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-Azamgrh to implement the judgement and order dated 30.12.2023 passed by Assistant Collector/ Tehsildar, Lalganj, District- Azamgrh in Case No. 887 of 2022, Computerized Case No. T202215060400887 (State Vs. Rambali) Under Section 67 of U.P. Revenue Code-2006 and take necessary action for removal of encroachment and recovery of compensation."
3. A preliminary objection has been raised by learned Standing Counsel for the State that the public interest litigation 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. Accordingly, present petition is disposed of with liberty to the petitioner to approach the competent authority for redressal of his grievance.
Order Date :- 15.5.2024
Nitika Sri.
(Manish Kumar Nigam,J.)
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