Allahabad High Court
Manbhavati vs State Of U.P. And 06 Others on 26 November, 2019
Bench: Pankaj Mithal, Yogendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 29 Case :- WRIT - C No. - 38113 of 2019 Petitioner :- Manbhavati Respondent :- State Of U.P. And 06 Others Counsel for Petitioner :- Amar Singh Yadav Counsel for Respondent :- C.S.C. Hon'ble Pankaj Mithal,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.
Pursuant to the directions issued in a public interest litigation proceedings under Section 67 of the U.P. Revenue Code, 2006 were initiated against respondent nos.4 to 7 for their eviction from the land in dispute of Village Chakjaddudube, Pargana Rari, District Jaunpur. The said land was recorded as public road in the revenue records.
In the said proceedings by the judgment and order dated 03.07.2019 the respondents have been directed to be evicted with immediate effect and for payment of damages of Rs.1,38,000/-. The aforesaid order is said to have attained finality but even then it is not being implemented.
The petitioner by means of this writ petition wants that the respondent nos.4 to 7 be directed to remove their constructions from the said land so that the above order may be implemented.
This Court in exercise of powers under Article 226 of the Constitution of India is not the implementing or the executing authority of the decision of the authority or the court below.
In case the above judgment and order of the Court is not being implemented the appropriate remedy of the petitioner to apply for its execution to the authority/court concerned whereupon it shall be brought to a logical end.
In view of the aforesaid facts and circumstances it is not a fit case for the exercise of our discretionary jurisdiction in the matter.
The writ petition is accordingly dismissed.
Order Date :- 26.11.2019 Shahroz