Shobh Nath vs State Of U.P. And 10 Others
2024 Latest Caselaw 36329 ALL

Allahabad High Court

Shobh Nath vs State Of U.P. And 10 Others on 5 November, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:172873
 
Court No. - 34
 

 
Case :- WRIT - C No. - 17929 of 2024
 

 
Petitioner :- Shobh Nath
 
Respondent :- State Of U.P. And 10 Others
 
Counsel for Petitioner :- Kameshwar Rao
 
Counsel for Respondent :- 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:

"I. Issue a writ, order or direction in the nature of mandamus commanding the respondents no. 2 to 5 to restore back the legal status / possession of the petitioner over the land in dispute to ensure the due compliance of the final order dated 28.08.2023 passed by Civil Court with proper police force by passing appropriate order in writing in accordance within one month under Section 129 of U.P. Revenue Code, 2006."

3. A preliminary objection has been raised by learned Standing Counsel for the State that from the prayer made in the writ petition as well as averments in the writ petition it appears that the petitioner wants to get the order passed by Civil Court executed by means of the present petition. No such relief can be granted 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. In view of the above, I am not inclined to interfere in the matter.

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 :- 5.11.2024

Ved Prakash

(Manish Kumar Nigam,J.)