Rajendra Lal Kushwaha v. State of U.P. and 2 Others

Court No. - 47 Case :- WRIT - C No. - 31010 of 2023 Petitioner :- Rajendra Lal Kushwaha Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Virendra Kumar Mishra,Narendra Pratap Kushawaha Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.

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

¶2The present writ petition has been filed for following relief: "i-issue a writ, order or direction in the nature of mandamus directing the respondent authorities to comply with the order dated 25.04.2018 passed by respondent no. 2. ii-Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to decide the representation of petitioner dated 08.05.2023 within a stipulated period."

¶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 above, I am not inclined to interfere with the matter.

¶5Accordingly, the petition is dismissed with liberty to the petitioner to move an appropriate application under Section 23 of U.P. Revenue Code, 2006, in case, the boundary marks have been damaged or removed by someone. Order Date :- 6.11.2023 Ved Prakash (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad