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2025 DAILYLAW 100241 (ALL)

GAUTAM NAGAR v. STATE OF U.P. AND 15 OTHERS

WPIL/3033/2025 · 2025-10-08

Chandra Kumar Rai

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3033 of 2025 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Mr. Satya Prakash Singh, learned counsel for the petitioner, Mr. Ashish Chand Nishad, learned standing counsel for the state- respondents and Mr. Sunil Kumar Singh, learned counsel for the respondent-gaon sabha. 2. The instant Public Interest Litigation (P.I.L.) has been filed for the following reliefs:- "Issue a writ, order or direction in the nature mandamus, directing the respondent authority to evict the respondent nos. 6 to 16 from gata no.182, area 0.1600 hect. situated at village Haqiqatpur Urf Khudawas, Pargana and Tehsil Loni, Ghaziabad recorded as Chak Road." 3. Counsel for the petitioner submitted that in spite of the order passed by the Tehsildar on 4.11.2024 for ejectment and damages in respect to the plot in question, the order has not been given effect to. He submitted that appropriate direction be issued for removal of illegal encroachment from the plot in question in pursuance of the order dated 4.11.2024. 4. Learned standing counsel and the counsel for the gaon sabha submitted that the instant public interest litigation for implementation of the order passed in the proceeding under Section 67 of the U.P. Revenue Code, 2006 is not maintainable. 5. I have considered the arguments advanced by learned counsel for Versus Counsel for Petitioner(s) : Satya Prakash Singh, Seema Singh Counsel for Respondent(s) : Avinash Chandra Srivastava, C.S.C. Gautam Nagar .....Petitioner(s) State Of U.P. And 15 Others .....Respondent(s) the parties and perused the records. 6. There is no dispute about the fact that the order for ejectment and damages has been passed by the Tehsildar in respect to the plot in question on 4.11.2024. 7. For execution of the order passed under Section 67 of the U.P. Revenue Code, 2006, remedy is provided under paragraph 460 of the U.P. Revenue Court Manual, as such, the instant P.I.L. cannot be maintained for implementation of the order passed in the proceeding under Section 67 of the U.P. Revenue Code, 2006. 8. The P.I.L. is accordingly dismissed with observation that proper proceeding can be initiated according to the provision contained under Para 460 of the U.P. Revenue Court Manual. October 9, 2025 C.Prakash WPIL No. 3033 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad