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2025 DAILYLAW 78692 (ALL)

MANVATI DEVI v. STATE OF U.P. AND 3 OTHERS

WRIC/25240/2025 · 2025-07-30

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128216-DB Court No. - 21 Case :- WRIT - C No. - 25240 of 2025 Petitioner :- Manvati Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Udai Prakash Deo Pandey Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The following prayer has been made in the writ petition:- " Issue a writ, order or direction in the nature of mandamus directing the respondents not to dispossess the petitioner over an area of 1.5060 hectare from the total area of 23.8850 hectare of Arazi No.6543 Ga, situated in the Village Jugail, Pargana Agori, Tehsil Obra, District Sonbhadra during the pendency of her Case No.122 (Manvati Devi vs. Forest Department) filed under Section 9/11 of Indian Forest Act pending before the respondent No.3, Forest Settlement Officer, Obra, Sonbhadra." 2. The petitioner has already filed a case under Sections 9 and 11 of the Indian Forest Act, 1927, against the Divisional Forest Officer, Forest Division, Obra. In the said proceedings, last date fixed was 24.03.2025. 3. It is not disputed that the subject land was covered under the notification issued under Section 4 of the Indian Forest Act. It is also admitted that petitioner did not file any objection under Section 6 of the Indian Forest Act, but the explanation is that because she was not aware of notification issued under Section 4 of the Indian Forest Act, therefore, objection could not be filed. 4. As the petitioner has already initiated proceedings under the statutory provisions and the same are pending, therefore, we do not consider it appropriate to entertain parallel proceedings under writ jurisdiction. 5. We leave it open to the petitioner to obtain appropriate relief in the pending proceedings. 6. With the aforesaid liberty, the writ petition stands disposed of. (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 31.7.2025/Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad