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2025 DAILYLAW 30678 (ALL)

RAMAJI v. STATE OF U.P. AND 4 OTHERS

WRIC/7969/2025 · 2025-03-18

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39163 Court No. - 35 Case :- WRIT - C No. - 7969 of 2025 Petitioner :- Ramaji Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Om Prakash Verma,Ravi Prakash Srivastava Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla 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 the following reliefs:- "(a) Issue a writ order or direction in the nature of mandamus commanding and direction to the respondent No. 3 Tahsildar, Tehsil Belthara Road, Ballia to remove the illegal encroachment made by the respondent No. 4 over the Gaon Sabha Land i.e. Arazi No. 326. Mauza Indauli Malkauli Tehsil Belthara Road, District Ballia which is recorded in the name of Primary School in pursuance of order dated 27/09/2023 passed by respondent No. 3 in Case No. T202215090702481 State vs. Lalmuni, under section 67 of U.P. Revenue Code 2006 Mauza Indauli Malkauli, Paragana Sikandarpur Garvi Tehsil Belthara Raod District Ballia, otherwise the applicant/petitioner shall suffer irreparable loss and injury." 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 the 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 :- 19.3.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad