Vinod Kumar Pandey vs State Of Up And 3 Others
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Allahabad High Court

Vinod Kumar Pandey vs State Of Up And 3 Others on 27 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


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Neutral Citation No. - 2024:AHC:95345
 

 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1066 of 2024
 

 
Petitioner :- Vinod Kumar Pandey
 
Respondent :- State Of Up And 3 Others
 
Counsel for Petitioner :- Govind Narayan Tiwari,Gulab Chandra Tiwari
 
Counsel for Respondent :- C.S.C.,Pradeep Singh
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. Instructions have been placed before this Court and is taken on record.

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

3. The present writ petition has been filed for following relief:

"A. Issue a writ, order or direction in the nature of writ of mandamus directing respondent no. 2 to comply the order dated 20.01.2023."

4. Contention of the learned counsel for the petitioner is that an order has been passed under Section 67 of U.P. Revenue Code, 2006 on 20.01.2023 but the same could not be implemented.

5. On the basis of instruction, learned Standing Counsel submitted that after the order, the person who has made encroached, has removed his entrancement and there is no encroachment over the land in dispute.

6. In any view of the matter, 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).

7. 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.)