Allahabad High Court

WRIT PETITION 45894 of 2014 on 26 February 2009

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Court No. - 34

Case :- WRIT - C No. - 3025 of 2025

Petitioner :- Ram KhilaunaRespondent :- State Of U.P. And 10 OthersCounsel for Petitioner :- Kartikey SinghCounsel for Respondent :- C.S.C.

Hon'ble Manish Kumar Nigam,J.

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1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and perused the record.

2. This petition has been filed for the following relief:

"i. issue a writ, order or direction in the nature of mandamus directing the respondentauthorities particularly the respondent no. 3 to proceed further in pursuance of orderdated 26.02.2009 regarding giving possession of land of Gata No. 395M area 0.060hectare, Gata No. 500 area 0.308 hectare, Gata No. 487M area 0.110 hectare, KhataNo. 502M area 0.066 hectare situated in Village Nagla Chapru, Block- Panigaon,Tehsil-Mant, District Mathura to the petitioner after removal illegal encroachmentmade by the respondent no. 4 to 11."

3. From the perusal of the order annexed at page no. 27 of the writ petition passedin Writ C No. 45894 of 2014, it is clear that the petitioner has earlier approachedthis Court for the same relief which has been sought in the present writ petition.

4. In view of the Rule 7 of Chapter XXII of the High Court Rules, second writpetition for the same relief, is not maintainable.

5. Accordingly, the writ petition is dismissed.

6. However, it is provided that the petitioner may get the decree executed before thecourt below as the provisions of C.P.C. are applicable to the proceedings in apartition suit.

Order Date :- 14.2.2025Ved Prakash

(Manish Kumar Nigam,J.)

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