HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 1535 of 2023 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard Sri Rajesh Kumar, learned counsel for the petitioner and learned Standing Counsel for the State respondents. Sri R. P. Shukla, learned counsel for the respondent Gaon Sabha. 2. The present petition has been filed seeking a direction to the respondent authorities to make eviction of respondent nos.6 to 10 over the plot no.182 recorded as Pond and plot no.66 recorded as Bheeta in the revenue records relating to Village Mirza Adampur, Tehsil Lalganj, District Azamgarh. 3. On 24.08.2023, following order was passed: "1. Heard counsel for the petitioner, Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents and Mr. Rameshwar Prasad Shukla, counsel for respondent No.5/Land Management Committee. 2. Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State- respondents has placed the instruction dated 03.07.2003 before this Court, which is taken on record. 3. In the instruction, it is mentioned that in pursuance of the order passed by Tehsildar in the proceeding under Section 67 of U.P. Revenue Code, 2006 encroachment over plot in dispute has been removed by private respondents but again encroachment has been made, accordingly, criminal proceeding has been initiated against the private respondents. 4. Learned Additional Chief Standing Counsel for the State-respondents shall serve copy of the instruction upon counsel for the petitioner during course of the day. Versus Counsel for Petitioner(s) : Rajesh Kumar Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla Om Prakash Singh .....Petitioner(s) State Of U.P. And 9 Others .....Respondent(s) 5. Counsel for the petitioner shall file reply to the averment made in the instruction within three weeks. 6. List this matter in the additional cause list on 21st September, 2023." 4. In compliance of the aforesaid order, reply to the instruction has been filed by the petitioner stating that though first information report has been lodged against the respondent nos.6 to 10 but the encroachments made by them over the public utility land over plot nos.66 and 182 has not been vacated. In the garb of pendency of criminal proceedings, the respondent authorities are not ensuring eviction of respondent nos.6 to 10, even though, their illegal encroachment has been accepted on record. 5. Learned Additional Chief Standing has referred to provision of sub- rules (5) and (7) of the rule 67 of the U.P. Revenue Code Rules, 2016 and contended that immediate action will be taken against the encroachers for getting the land vacated. 6. In view of the aforesaid, the present petition is disposed of with direction to the Tehsildar, Lalganj, Azamgarh to immediately take action against the respondent no.6 to 10 under the provisions of sub-rule 5 of rule 67 of the Rules, 2016 and ensure that re-encroachment of plot nos.182 and 66 by them is removed and the possession is handed over to the Land Management Committee. It is further directed that the said exercise shall be completed within a period of one month from the date of presentation of a certified copy of this order, if there is no other legal impediment. May 18, 2026 Ashok Kr. WPIL No. 1535 of 2023 2 (Arun Kumar,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad