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2025 DAILYLAW 13530 (ALL)

RAM LAKHAN SINGH v. STATE OF U.P. AND 4 OTHERS

WRIC/3305/2025 · 2025-03-19

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:40410 Court No. - 35 Case :- WRIT - C No. - 3305 of 2025 Petitioner :- Ram Lakhan Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dharm Vir Jaiswal,Harsh Vikram 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 petition has been filed for the following relief:- "1. issue a writ, order or direction in the nature of mandamus commanding the Collector, Mirzapur, Deputy Collector, Chunar, Mirzapur and Tehsildar, Chunar, Mirzapur to comply with the order dated 18.8.2023 (Annexure No.7 to the writ petition)" 3. Contention of learned counsel for the petitioner is that an order under Section 67 of U.P. Revenue Code, 2006 has been passed against the private respondent but same has not been implemented. 4. Learned Standing Counsel raised a preliminary objection that the petitioner is not a party to the aforesaid proceedings and is only a complainant. It has been further submitted by learned Standing Counsel that a 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, this writ petition is dismissed with liberty to the petitioner to avail the remedy as available to him under law. Order Date :- 20.3.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad