Nirbhay Vikram Pratap Singh v. State of U.P. and 8 Others

Court No. - 47 Case :- WRIT - C No. - 37955 of 2023 Petitioner :- Nirbhay Vikram Pratap Singh Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- P.K. Upadhyay,Kalpna Upadhyay Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi Hon'ble Manish Kumar Nigam,J.

¶1Heard learned counsel for the parties and perused the record.

¶2The present writ petition has been filed for the following relief:- "1. Issue a writ, order or direction in the nature of mandamus directing to the respondent no.2 & 3 to remove the respondent nos.4 to 8 from the Gaon Sabha Land and Arazi no.433 and 438 of the Village-Lohgajar, Pargana-Bayalsi, Tehsil Kerakat, District Jaunpur pursuant to the order dated 28.02.2023 (Annxure No.1) passed by the respondent no.3 in accordance with law.

¶2Issue a writ, order or direction in the nature of mandamus directing to the respondent no.2 to decide the application dated 07.04.2023 (Annexure no.3) submitted by the petitioner and remove the respondent nos.4 to 8 from the Gaon Sabha Land of Arazi no.433 and 438 of the Village-Lohgajar, Pargana-Bayalsi, Tehsil Kerakat, District Jaunpur pursuant to the order dated

28.02.2023 (Annxure No.1) passed by the respondent no.3. "

¶3A preliminary objection has been raised by learned Standing Counsel for the State that the writ petition cannot be filed for enforcement/execution of the 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 above, I am not inclined to interfere in the matter.

¶5Accordingly, the writ petition is dismissed with liberty to the petitioner to avail an alternative remedy as available to him under the law. Order Date :- 3.11.2023 Mini (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad