Gyanendra Kumar Dubey vs State Of U.P. And 2 Others
2024 Latest Caselaw 18598 ALL

Allahabad High Court

Gyanendra Kumar Dubey vs State Of U.P. And 2 Others on 22 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:93217
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2931 of 2023
 

 
Petitioner :- Gyanendra Kumar Dubey
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Kamlesh Kumar Tiwari
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. This writ petition has been filed for following relief:-

"i. Issue a writ order or direction in the nature of Mandamus direct to the Tehsildar/Collector (First Class) Mauranipur, Jhansi to execute the order dated 06.05.2013 of the property in dispute bearing arazi No.346/1 area 3.51 hectare out of which area 0.012 hectare has illegally been encroach by the encroacher within specify period."

2. Contention of learned counsel for the petitioner is that an order dated 06.05.2013 has been passed under Section 122-B of the U.P.Z.A. & L.R. Act, but the same has not been complied with till date.

3. 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).

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

Order Date :- 22.5.2024

Nitika Sri.

(Manish Kumar Nigam,J.)