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Neutral Citation No. - 2025:AHC:64677 Court No. - 35 Case :- WRIT - C No. - 10759 of 2025 Petitioner :- Baijnath Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Lal Bahadur Yadav Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Case called out in revised list. None appears on behalf of the petitioner to press this petition.
2. Heard learned Standing Counsel and perused the records.
3. The present petition has been filed with the following prayer:
"I. Issue a writ order or direction in the nature of mandamus/commanding direct the respondents no. 2 and 3 to take necessary action against Vijay Singh, who has forcibly occupied the Gaon Sabha Land on Gata No. 1173 measuring area 0.0120 hectare and remove the illegal encroachment over the Gata No. 1173 otherwise the Petitioner as well as entire villagers shall suffer and irreparable loss and injury."
4. Learned Standing Counsel has raised a preliminary objection that the prayer made by the petitioner is not maintainable for the reason that Vijay Singh against whom the relief is sought by the petitioner, has not been impleaded as party in the writ petition. It has been further submitted by learned Standing Counsel that in view of the judgment passed by this Court in Jahar Singh v. State of U.P. reported in 2017(4) ADJ 619 as well as in Kanhaiya Lal v. State of U.P. and others reported in 2023 (12) ADJ 226, the petitioner has remedy of filing an application under Section 67 of the U.P. Revenue Code, 2006.
5. In view of the same, I am not inclined to interfere in the writ petition.
6. Accordingly, the writ petition is dismissed. Order Date :- 28.4.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad