Paras Nath Rai vs State Of Up And 8 Others
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Allahabad High Court

Paras Nath Rai vs State Of Up And 8 Others on 31 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:100714
 
Court No. - 49
 

 
Case :- WRIT - C No. - 18031 of 2024
 
Petitioner :- Paras Nath Rai
 
Respondent :- State Of Up And 8 Others
 
Counsel for Petitioner :- Dan Bahadur Yadav
 
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 seeking following relief :-

"i) To, issue writ order or direction in the nature of mandamus commanding the respondent no.4 to execute the order dated 26.9.2007 passed by him under section 122- B of the U.P.Z.A. and L.R. Act against the respondent no.6 to 9 within some specific period as specified by this Hon'ble Court.

ii. To, issue writ order or direction in the nature of mandamus directing the respondent no.4 to decide the application dated 23.4.2024 under Rule 115E of the U.P.Z.A. and L.R. Rules filed by the petitioner before him."

3. Contention of learned counsel for the petitioner is that despite orders passed under Section 122-B, the same are not being complied with. Petitioner is not a party to the proceedings u/s 122-B and claims himself to be Ex-Pradhan.

4. A preliminary objection has been raised by learned Standing Counsel that the writ petition is not maintainable for execution of the orders passed by the Revenue Court in view of the judgment passed by the Division Bench of this Court in Manbhavati vs. State of U.P. and others; 2020 1 AWC 789A as well as in Writ C No. 7863 of 2018 (Brij Bhushan Rai v. State of U.P. and 6 others).

5. Accordingly, the writ petition is dismissed.

6. However, petitioner is at liberty to avail remedy, available to him, under the law.

Order Date :- 31.5.2024

Rishabh

[Manish Kumar Nigam, J.]