Abdul Mateen v. State of U.P. and 5 Others

Court No. - 47 Case :- WRIT - C No. - 37528 of 2023 Petitioner :- Abdul Mateen Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Karunesh Narayan Tripathi Counsel for Respondent :- CSC 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 particularly respondent no. 4 to comply his order dated 29.03.2019 strictly within stipulated and reasonable period.

ii) issue a writ, order or direction in the nature of mandamus directing the respondent authorities to remove the illegal encroachment of the respondent no. 6 from Gata No. 468 of area 1.139 he hectare situated in Village-Girdharpur Tehsil-Bahedi, District-Bareilly."

¶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.

¶5Accordingly, the writ petition is dismissed with liberty to the petitioner to avail the remedy as available to him under law. Order Date :- 7.11.2023 Nitika Sri. (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad