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Neutral Citation No. - 2025:AHC:64694 Court No. - 35 Case :- WRIT - C No. - 10806 of 2025 Petitioner :- Mankeshwar Dubey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Krishna Kumar Singh,Rai Anandi Prasad Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioner, Sri Vishnu Pandey, learned counsel appearing for the proposed respondents, learned Standing Counsel and perused the records.
2. The present petition has been filed with the following prayer:-
"i. Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to direct the Tehsildar Sadar Varanasi to register and take action for the implementation of the eviction order passed under section 214 of U.P. Revenue Code, 2006 readwith para 460 of U.P. Revenue Court Manual regarding order dated 28.12.2024 under the application submitted by the petitioner regarding gata no. 765 and 766 (Kha). ii. Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to decide the representation of the petitioner dated 31.01.2025 expeditiously within stipulated period so fixed by this Hon'ble court."
3. Learned Standing Counsel has raised a preliminary objection that petitioner is not a party to the proceedings under Section 67 of the U.P. Revenue Code, 2006 and further an appeal against the order dated 28.12.2024, filed by the persons against whom the order of eviction has been passed, is also pending. It has been further pointed out by learned Standing Counsel that the persons against whom
order of eviction has been passed have not been impleaded as party in the writ petition.
4. In view of the same, I am not inclined to interfere in the writ petition.
5. 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