Gauri Shankar Mourya v. State of U.P. and 4 Others

Court No. - 47 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2423 of 2023 Petitioner :- Gauri Shankar Mourya Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Deepak Kumar Tripathi Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble Manish Kumar Nigam,J.

¶1This writ petition has been filed for following reliefs:- "i) issue a writ, order or direction in the nature of mandamus directing the respondent Nos.2, 3 and 4 to conduct the demarcation of public utility land through Revenue authority as Gata Nos. 13, 24, 102 and 213 which is recorded as Chakroad, Gata Nos. 428, 473, 257, 292 and 481(Sa) which is recorded as Rehar and Gata Nos. 346 which is recorded as Nali (Drain) in the revenue record situated in village-Subakhari Hariharpur, Tehsil-Dhanghata, District-Sant Kabir Nagar.

ii) issue a writ, order or direction in the nature of mandamus directing respondent No. 3 to take necessary action on the application of petitioner dated 25.07.2023 within stipulated period which is pending before him (Annexure No.4 to this writ petition)."

¶2The contention of the learned counsel for the petitioner is that land of chakroad as well as nali has been demarcated and the same has been occupied by certain villagers.

¶3A 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).

¶4In view of the same, i am not inclined to interfere in the matter.

¶5The writ petition is dismissed with liberty to the petitioner to avail the remedy as available to him under the provisions of U.P. Revenue Code, 2006. Order Date :- 17.10.2023 Vipasha High Court of Judicature at Allahabad