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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