GRAM PRADHAN THROUGH SOMAROO GAUTAM v. State of UP AND 5 OTHERS
WRIC/35020/2024 · 2025-03-05
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 105100 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 105100 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:32597 Court No. - 34 Case :- WRIT - C No. - 35020 of 2024 Petitioner :- Gram Pradhan Through Somaroo Gautam Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Bhupendra Kumar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed for following reliefs:-
"i. Issue a Writ of Mandamus: Direct the respondent No.2 (concern authority) to ensure from the removing of illegal encroachment from Gata no 1330 reserved for Khalihan in the Revenue Record situated at Village Sureri, Pargana Gopalapur Tehsil Madiyahun, District Jaunpur from the respondent no 6 in pursuance of order dated 06/12/2023 as expeditiously as possible in accordance with law. ii. Issue a Writ of Mandamus: Requesting the court to consider and direct Respondent No. 2 (concern authority) to decide upon the representations made regarding the governance expeditiously as possible in accordance with law. Any further delay would cause the petitioner irreparable loss and injury."
3. Contention of learned counsel for the petitioner is that on order dated 06.12.2023 has been passed under Section 67 of the U.P. Revenue Code, 2006, but the same has not been given effect to.
4. Learned Standing Counsel has raised a preliminary objection that 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) the writ petition is not maintainable for execution of orders passed by the Revenue Court.
5. In view of the same, I am not inclined to interfere in the matter.
6. Accordingly, the petition is disposed of with liberty to the petitioner to pursue the remedy as available to him under the law.
Order Date :- 6.3.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad