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2025 DAILYLAW 188143 (ALL)

RADHEY SHYAM v. STATE OF U.P. AND 5 OTHERS

WRIC/4329/2025 · 2025-02-13

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Neutral Citation No. - 2025:AHC:21645 Court No. - 34 Case :- WRIT - C No. - 4329 of 2025 Petitioner :- Radhey Shyam Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Tara Chand Kaushal 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. This writ petition has been filed for following relief:- "(i) Issue, a writ, order or direction in the nature of mandamus directing the Respondent no. 2/ District Magistrate, Azamgarh and Respondent no. 4/ Tahsildar, Tehsil- Shahganj, District- Jaunpur to decide the application of the petitioner dated 23.10.2024 forthwith(Annexure no. 4 to this writ petition). (ii) Issue, a writ, order or direction in the nature of mandamus commanding the Respondent no. 4/ Tahsildar, Tehsil- Shahganj, District- Jaunpur to remove the illegal encroachment made by the Respondent no. 6 namely Panchu S/o Katwaru on the land of Gata No. 249/0.06 hectare, which is a land reserved for Harijan Abadi in revenue records, immediately." 3. 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). 4. Accordingly, the writ petition is disposed of with liberty to the petitioner to approach the authority concerned for redressal of his grievance. Order Date :- 14.2.2025 Vipasha Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad