Allahabad High Court
Ashutosh Kumar Singh And Another vs State Of U.P. And 10 Others on 6 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ? Neutral Citation No. - 2024:AHC:81840 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2380 of 2022 Petitioner :- Ashutosh Kumar Singh And Another Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Jagdish Singh Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. The present writ petition has been filed seeking following prayer :-
"i) Issue a writ order or direction in the nature of mandamus commanding and directing the respondents to execute the order dated 27.05.2022 passed by the Tehsildar Deoria District Deoria in,
1. Case No. 11175 of 2021, Computrised No. T202105200111175- Gaon Sabha Vs. Ravindra.
2. Case No. 11181 of 2021, Computrised No. T202105200111181, Gaon Sabha Vs. Rajesh.
3. Case No. 11182 of 2021, Computrised No. T202105200111182, Gaon Sabha Vs. Bindu.
4. Case No. 11185 of 2021, Computrised No. T202105200111185, Gaon Sabha Vs. Diwakar Singh
5. Case No. 11187 of 2021, Computrised No. T202105200111187, Vishwakarma. Sabha Gaon Vs.
6. Case No. 11190 of 2021, Computrised No. T202105200111190, Gaon Sabha Vs. Ram Bahadur Singh. Under section 67 of the U.P. Revenue Code-2006. Contained as (Annexure No. 5 to this writ petition).
ii) Issue a writ order or direction in the nature of mandamus directing the respondents nos. 3 and 4 to decide the representation dated 22.07.2022 within stipulated period as fix by this Hon'ble court."
3. A preliminary objection has been raised by learned Standing Counsel that the writ petition is not maintainable for execution of the orders passed by the Revenue Court in view of the judgment passed by the Division Bench of this Court in Manbhavati vs. State of U.P. and others; 2020 1 AWC 789A as well as in Writ C No. 7863 of 2018 (Brij Bhushan Rai v. State of U.P. and 6 others).
4. Accordingly, the writ petition is dismissed.
5. However, petitioners are at liberty to avail remedy, available to him, under the law.
Order Date :- 6.5.2024 Rishabh [Manish Kumar Nigam, J.]