Prem Lal vs State Of Up And 7 Others
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Allahabad High Court

Prem Lal vs State Of Up And 7 Others on 27 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:95328
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1060 of 2024
 

 
Petitioner :- Prem Lal
 
Respondent :- State Of Up And 7 Others
 
Counsel for Petitioner :- Vinay Kumar Patel
 
Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.
 

 
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:

"A. Issue a writ, order or direction in the nature of mandamus directing/ commanding the Respondent No. 3 to make compliance of the judgment and order dated 27/06/2023 passed in Case No. 7447/2021 (Revenue Lekhpal Versus Ram Lal and others) and also make compliance of order dated 02/12/2023 passed in Case No. 6834/2023 (Shyam Lal, Ramashankar Versus Gaon Sabha) under Section 67 of the U.P. Revenue Code, whereby Respondent No. 3 directed the private Respondents i.e. Respondent No. 5 to 8 to remove the encroachment over the Arazi Gata No. 1372, Area 0.0400 hectare recorded as Chakroad situated at Village Amara, Pargana Ghisua, Tehsil Machhalishahar, District Jaunpur forthwith, within stipulated period as may be fixed by this Hon'ble Court."

3. Contention of the learned counsel for the petitioner is that an order 02/12/2023 under Section 67 of U.P. Revenue Code, 2006 has been passed but the same has not been implemented yet.

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 :- 27.5.2024

Ved Prakash

(Manish Kumar Nigam,J.)