Ajay Kumar v. State of U.P. and 4 Others

Court No. - 47 Case :- WRIT - C No. - 41247 of 2023 Petitioner :- Ajay Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Revati Raman Vishwakarma,Krishna Chandra Pandey Counsel for Respondent :- CSC Hon'ble Manish Kumar Nigam,J.

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

¶2The present petition has been filed for the following relief: "i. Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 2 and 3 to dispossess the respondent nos. 4 and 5 from Araji Gata No. 1077 of area 0.324 hectare recorded as User, situated at Village-Ahirara, Pargana-Kada, Tehsil-Sirathu, District-Kaushambi, which have illegally been encroached by the respondent nos. 4 and 5."

¶3Contention of learned counsel for the petitioner is that an order under Section 67 of U.P. Revenue Code, 2006 has been passed against respondent Nos. 4 and 5 and the same order has not been given effect to.

¶4A 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).

¶5Accordingly, the writ petition is dismissed with liberty to the petitioner to pursue the remedy as available to him under law. Order Date :- 30.11.2023 Nitika Sri. (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad