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2025 DAILYLAW 9886 (ALL)

SMT. NIRMALA DEVI v. STATE OF U.P. AND 4 OTHERS

WRIC/3511/2025 · 2025-03-05

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32337 Court No. - 34 Case :- WRIT - C No. - 3511 of 2025 Petitioner :- Smt. Nirmala Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anuj Dutt Mishra,Shobhit Pathak Counsel for Respondent :- C.S.C.,Kripa Shankar,Pravin Kumar Tiwari Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The present petition has been filed for following reliefs:- "A. Issue a writ, order or direction in the nature of Mandamus commanding the Respondents to execute the Order dated 24.01.2024 passed by learned Tehsildar in case no. 2517 of 2023 (Report Lekhpal Versus Udayraj), within stipulated period as may be fixed by this Hon'ble Court. B. Issue a writ, order or direction in the nature of Mandamus commanding the Respondents authorities to remove the illegal encroachment upon the Chakmarg located at Gata No. 128 area 0.004 out of total area 0.014 hactare in the Village Ghooripur Kariyaon, Pargana and Tehsil-Bhadohi, District-Bhadohi in pursuance of the order dated 24.01.2024 passed by Tehsildar Bhadohi." 3. Contention of learned counsel for the petitioner is that order has been passed under Section 67 of the U.P. Revenue Code, 2006, but the same has not being complied with. 4. A preliminary objection has been raised by learned Standing Counsel for the State that the 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, the writ petition is disposed of with liberty to the petitioner to approach the authority concerned for redressal of her grievance. Order Date :- 6.3.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad