Allahabad High Court
Devendra Kant Mishra vs State Of U P And 10 Others on 29 April, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:75633 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1963 of 2021 Petitioner :- Devendra Kant Mishra Respondent :- State Of U P And 10 Others Counsel for Petitioner :- Ramesh Kumar Panday 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 instant Public Interest Litigation has been filed for the following relief :
"(I) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to ensure that Gram Sabha Pond bearing Arazi No.330 Area 0.719 hectare situated at Village- Bhiura, Gram Sabha- Baldiha, Tehsil-Handia, Distrit Prayagraj is vacated from illegal encroachment from Repondent Nos.5,6,7,8,9 & 10 within some stipulated period.
(II) Issue any other writ, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
(III) Award the cost of the petition in favour of the petitioner.
(IV) Issue a writ, order or direction in the nature of Mandamus commanding the Respondent No.4, Tehsildar, Handia, District Prayagraj to implement the order dated 7.4.2011 passed by Chief Revenue Officer, Prayagraj (Allahabad) in Revision No.19/2010-2011 (Krishna Kant & others Vs. State of U.P. & others) u/s 122B(4A) of U.P.Z.A. & L.R. Act within some stipulated period."
3. The contention of learned Counsel for the petitioner is that land ofArazi No.330 Area 0.719 hectare has been encroached by certain persons of the Village.
4. It has been further contended by learned Counsel for the petitioner that by the order dated 29.4.2010, an order was passed by respondent no.4 under Section 122B of U.P.Z.A. & L.R. Act for dispossession of respondent nos.6 to 11 and imposed a cost of Rs.2,645/- as damages. Against the said order dated 29.4.2010, respondent nos.6 to 11 filed an appeal which has also been dismissed by the order dated 7.4.2011 by the appellate authority. Despite the orders passed by the authorities, illegal encroachment has not been removed by the respondents.
5. A preliminary objection has been raised by learned Standing Counsel for the State that the Public Interest Litigation 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).
6. Accordingly, the Public Interest Litigation is disposed of with liberty to the petitioner to approach the authority concerned for redressal of his grievance.
Order Date :- 29.4.2024 S. Singh