Allahabad High Court
Rajesh Yadav vs State Of U.P. And 6 Others on 9 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:83454 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 922 of 2024 Petitioner :- Rajesh Yadav Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Brajesh Nath Rai,Rahul Mishra Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Manish Kumar Nigam,J.
1. Heard learned Counsel for the parties and perused the record.
2. The present PIL has been filed for the following relief:
"Issue a writ, order or direction in the nature of mandamus and thereby command the respondents to ensure ejectment of respondent no.7 from plot no.1605 ka, area 0.1010 hectare in Village Dadara, Tehsil- Nizamabad, District Azamgarh, which admittedly is Banjar Land/Public Utility Land, belonging to Gaon Sabha and is recorded as such in Khatauni 1426-1431 F(01 July 2018 to 30 June, 2024).
3. The contention of learned Counsel for the petitioner is that an order dated 1.11.2023 has been passed in proceedings under Section 67 of the U.P. Revenue Code, 2006 against the respondent no.7 for removal of encroachment. Despite the said order, the encroachment has not been removed.
4. A preliminary objection has been raised by learned Standing Counsel for the State that the present PIL 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).
5. Learned Counsel for the petitioner relied upon the judgment in case of Nanhe Lal Kanaujia Vs. State of U.P. and others reported in 2023(8) ADJ 382, wherein certain guidelines had been issued by this Court in such case to be complied with by the authorities.
6. I am of the view that no such directions can be issued by this Court. However, it is provided that the petitioner will be at liberty to approach the concerned authority along with judgment in the case of Nanhe Lal Kanaujia (supra) for necessary compliance.
7. With these observations, the present PIL stands disposed of.
Order Date :- 9.5.2024/S. Singh