Mansha Devi vs State Of Up And 3 Others
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Allahabad High Court

Mansha Devi vs State Of Up And 3 Others on 21 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:91690
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 523 of 2024
 

 
Petitioner :- Mansha Devi
 
Respondent :- State Of Up And 3 Others
 
Counsel for Petitioner :- Surendra Nath 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. This petition has been filed for following reliefs:-

"A. Issue a writ, order or direction in the nature of writ of mandamus directing the Tehsildar, Tehsil-Madhuban, District-Mau (respondent no. 2) to remove the illegal and unauthorized encroachment made by the respondent no. 4 over gata no. 167 area0.1580 hectare situated in Village- Dariyabad Khas, Pargana-Natthupur, Tehsil- Madhuban, District-Mau.

B. Issue a writ, order or direction in the nature of MANDAMUS directing the respondent nos. 2 i.e. Tehsildar, Tehsil-Madhuban, District-Mau to vacate illegal encroachment in pursuance of the order dated 27.10.2017 passed by respondent no. 2 in Case No. T201215513205 (Gaon Sabha Versus Manoj and others) under section 122-B of U.P. Zamindari Abolition and Land Reforms Act, situated in Village-Dariyabad Khas, Pargana-Natthupur, Tehsil- Madhuban, District Mau."

3. Contention of learned counsel for the petitioner is that an order dated 27.10.2017 has been passed under Section 122-B of U.P.Z.A. & L.R. Act but the same has not been complied with till date.

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