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2023 Supreme(Online)(All) 29558

ALLAHABAD HIGH COURT
AVINASH GUPTA – Appellant
Versus
STATE OF U.P. AND 3 OTHERS – Respondent
WPIL 2157 2023



Neutral Citation No. - 2023:AHC:208587

Court No. - 47

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2157 of 2023

Petitioner :- Avinash Gupta

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Dwijendra Prasad

Counsel for Respondent :- C.S.C.

Hon'ble Manish Kumar Nigam,J.

1. Heard Sri Ravindra Singh, Advocate holding brief of Sri Dwijendra Prasad,

learned counsel for the parties and perused the record.

2. The present writ petition has been filed for following relief:

"(i) Issue a writ, order or direction in the nature of mandamus commanding/directing

the state respondents to look into the matter immediately and to take suitable

criminal and civil action to vacate gata no. 1325Ka area 0.190 hectare, gata no.

1325 kha area 0.607 hectare situated at village Hariha Tehsil Shikohabad District

Firozabad in pursuance of order dated 11.08.2021."

3. 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).

4. Accordingly, the writ petition is dismissed.

Order Date :- 1.11.2023

Ved Prakash

(Manish Kumar Nigam, J.)

Digitally signed by :-

VED PRAKASH SHARMA

High Court of Judicature at Allahabad

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