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2025 DAILYLAW 188233 (ALL)

RAM KHILAUNA v. STATE OF U.P. AND 10 OTHERS

WRIC/3025/2025 · 2025-02-13

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21224 Court No. - 34 Case :- WRIT - C No. - 3025 of 2025 Petitioner :- Ram Khilauna Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Kartikey Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State- respondents and perused the record. 2. This petition has been filed for the following relief: "i. issue a writ, order or direction in the nature of mandamus directing the respondent authorities particularly the respondent no. 3 to proceed further in pursuance of order dated 26.02.2009 regarding giving possession of land of Gata No. 395M area 0.060 hectare, Gata No. 500 area 0.308 hectare, Gata No. 487M area 0.110 hectare, Khata No. 502M area 0.066 hectare situated in Village Nagla Chapru, Block- Panigaon, Tehsil-Mant, District Mathura to the petitioner after removal illegal encroachment made by the respondent no. 4 to 11." 3. From the perusal of the order annexed at page no. 27 of the writ petition passed in Writ C No. 45894 of 2014, it is clear that the petitioner has earlier approached this Court for the same relief which has been sought in the present writ petition. 4. In view of the Rule 7 of Chapter XXII of the High Court Rules, second writ petition for the same relief, is not maintainable. 5. Accordingly, the writ petition is dismissed. 6. However, it is provided that the petitioner may get the decree executed before the court below as the provisions of C.P.C. are applicable to the proceedings in a partition suit. Order Date :- 14.2.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad