Allahabad High Court
Ram Kripal vs State Of Up And 10 Others on 9 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ? Neutral Citation No. - 2024:AHC:83544 Court No. - 49 Case :- WRIT - B No. - 1759 of 2024 Petitioner :- Ram Kripal Respondent :- State Of Up And 10 Others Counsel for Petitioner :- Gyanendra Kumar Mishra,Ramesh Kumar Mishra Counsel for Respondent :- Azad Rai,C.S.C. 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 for following relief:
"A. Issue a writ order or direction in the nature of Mandamus Commanding the respondent No. 3 to take appropriate decision on the application dated 05.03.2024 of the petitioner with regard to restraining the construction of the Pakka house on the Agricultural plot No. 112 area 0.2050 hectare situated at Village Kahali, Pargana- Sikandra, Tehsil - Phoolpur, District - Prayagraj during the consolidation period within time bound frame."
3. Contention of the learned counsel for the petitioner is that the village is under consolidation officer and in view of Section 5(2) of the U.P. Consolidation of Holdings Act, a tenure holder is not permitted to raise construction without permission of the Settlement Officer of Consolidation. It is further contended by the learned counsel for the petitioner that the respondent nos. 7 to 10 are raising construction over the land in dispute without their being any permission of the Settlement Officer of Consolidation. It is further contended by learned counsel for the petitioner that he has moved an application before the Settlement Officer of Consolidation and upon the application of the petitioner, the Settlement Officer of Consolidation passed an order on 20.02.2021, directing the Consolidation Officer to look into the matter and pass appropriate orders. Despite order passed by the Settlement Officer of Consolidation on 02.02.2024, the respondents are raising construction.
4. A 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).
5. Accordingly, the writ petition is disposed of with liberty to the petitioner to approach the authority concerned for redressal of his grievance and in case, the petitioner moves such an application, the same shall be decided in accordance with law.
Order Date :- 9.5.2024 Ved Prakash (Manish Kumar Nigam,J.)