Allahabad High Court
Gautam Chauhan vs State Of Up And 10 Others on 4 April, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:57921 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 508 of 2024 Petitioner :- Gautam Chauhan Respondent :- State Of Up And 10 Others Counsel for Petitioner :- Kamlesh Shrama Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. The present petition has been filed for following relief:-
"issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 to implementation of his own order dated 30.11.2022 in Case No. 3445 of 2016 "Computer Case No. T201614297113445" (Sambhu Vs. Gram Sabha), Case No. 3451 of 2016 "Computer Case No. T2016142960113451" (Nandu Vs. Gaon Sabha), 19.09.2023 in Case No. 3446 of 2016"Computer Case No. T20161429660113446" (Dinesh Vs. Gaon Sabha), 20.09.2023, Case No. 1250 of 2017 "Computer Case No. T2017143460111250" (Bhullan Vs. Gaon Sabha), 20.09.2023 in Case No. 3450 of 2016 "Computer Case No. T2016142960113450" (Jay Prakash Vs. Gaon Sabha), Case No. 3447 of 2016"Computer Case No. T201960113447" (Kishun Vs. Gaon Sabha), 17.10.2023 in Case No. 3452 of 2016 "Computer Case No. T2016142960113452" (Ramesh Vs. Gaon Sabha) and Case No. 3449 of 2016 "Computer Case No. T2016142960113449" (Ram Vilas Vs. Gaon Sabha) u/s 67 of U.P. Revenue Code 2006 by removing the illegal encroachment made by respondent no.4 to 11 over the Gata No. 326 area 2.1340 hectare and Gata No. 736A area 0.5980 hectare situated at Village Nonara, Tehsil Kasimabad, District-Ghazipur recorded as 'Charagah' in the revenue record."
3. A preliminary objection has been raised by learned Standing Counsel for the State that the 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).
4. Accordingly, the writ petition is dismissed.
Order Date :- 4.4.2024 Nitika Sri. (Manish Kumar Nigam, J.)