Gufran Ahmad vs State Of Up And 3 Others
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Allahabad High Court

Gufran Ahmad vs State Of Up And 3 Others on 21 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:92033
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 266 of 2024
 

 
Petitioner :- Gufran Ahmad
 
Respondent :- State Of Up And 3 Others
 
Counsel for Petitioner :- Virendra Kumar
 
Counsel for Respondent :- C.S.C.,Faizan Habeeb,Md. Muzzammil.I.Qureshi,Shahabuddin
 

 
Hon'ble Manish Kumar Nigam,J.
 

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

2. This petition has been filed for following relief:-

"i. to issue, a writ, order or direction in the nature of mandamus commanding Tehsildar Handia District Allahabad respondent no.3 to enforce/implement the judgment and order dated 28.8.2022 in Case No. 2837 of 2021 Computer Case No. T202102030402837 Gaon Sabha Vs. Smt. Shakila Begum U/s 67 of U.P. Revenue Code 2006 and take necessary action for the removal of encroachment from arazi number 456M area 0.00280 hectare situated at village Inayat Patti Tehsil Handia District Allahabad (Annexure No.2) to this writ petition within stipulated time."

3. Contention of learned counsel for the petitioner is that an order dated 28.08.2022 has been passed under Section 67 of the U.P. Revenue Code, 2006 but the same has not complied with till date.

4. A preliminary objection has been raised by learned Standing Counsel for the State that the present 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 :- 21.5.2024

Nitika Sri.

(Manish Kumar Nigam,J.)