Ramashrya And Another vs State Of U.P. And 4 Others
2024 Latest Caselaw 37653 ALL

Allahabad High Court

Ramashrya And Another vs State Of U.P. And 4 Others on 14 November, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:178766
 
Court No. - 34
 

 
Case :- WRIT - C No. - 22338 of 2024
 

 
Petitioner :- Ramashrya And Another
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Adarsh Shukla
 
Counsel for Respondent :- C.S.C.,Sudhir Bharti
 

 
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 directing the respondents to remove the illegal encroachment from the questioned Road (Khata No. 364/797) as well as recover the imposed amount to the respondent No.5 in the pursuance of the order dated- 20.12.2023, passed by the Tehsildar, Tehsil- Hata District- Kushinagar in Case No. 03393 of 2017, Computerized Case No. T201705440203393 (Gaon Sabha Vs. Rajendra), under section-67 U.P. Revenue Code-2006 within specific period as may be fixed by this Hon'ble Court."

3. Contention of learned counsel for the petitioners is that in proceedings under Section 67 of the U.P. Revenue Code, 2006, an order has been passed for removal of encroachment and damages have also been imposed upon respondent no.5.

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 petitioners to approach the authority concerned for redressal of his grievance.

Order Date :- 14.11.2024

S. Singh

(Manish Kumar Nigam, J.)