Neutral Citation No. - 2025:AHC:21515 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2376 of 2024 Petitioner :- Roop Chandra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Imaran Ahmad,Shams Uz Zaman Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Chandra Kumar Rai,J. 1.Heard Mr. Imaran Ahmad, learned counsel for the petitioner, Mr. R.C. Srivastava, learned Additional Chief Standing Counsel for the State-respondents and Mr.Sudhir Bharti, learned counsel for the gram sabha. 2.The instant public interest litigation has been filed for the following relief: "a. Issue a writ, order or direction in the nature of mandamus commanding/ directing the respondents to please vacate the said Navin Parti land Arazi No.311 and also please to take appropriate action against the culprits and also actin should be taken against the illegal encroachment." 3. Learned counsel for the petitioner submitted that plot No.311 is recorded as navin parti in the revenue record and respondent No.5 is in illegal possession over the same, as such proper direction be issued for removal of encroachment from the plot No.311. He further submitted that proceeding under Section 67 of U.P. Revenue Code, 2006 has been initiated against the respondent no.5 in respect to plot No.311. 4. This Court vide order dated 09.01.2025/ 23.01.2025 directed the learned Standing Counsel and learned counsel for the gaon sabha to obtain instruction in the matter. 5. In compliance of the order of this Court dated 09.01.2025/ 23.01.2025, instruction dated 11.02.2025 sent by Sub Divisional Officer, Sahjanwan, District-Gorakhpur is taken on record. 6. Mr. R.C. Srivastava, learned Additional Chief Standing Counsel for the State-respondents and Mr. Sudhir Bharti, learned counsel for the Gram Sabha on the basis of the instruction submitted that plot No.311 area 0.1250 hectare is recorded as Navin Parti in the revenue record and plot No.309 area 1.153 hectare is recorded as abadi land (class-6 (2) category plot). He further submitted that ancestral house of respondent no.5 is situated over part of the area of plot No.309 & 311. He further submitted that in respect to the plot no.311 proceeding under Section 67 (1) of U .P. Revenue Code, 2006 has been dropped vide order dated 17.01.2025 as such no interference is required in the matter. A copy of the order passed by Tehsildar dated 17.01.2025 is annexed along with the instruction. 7. In view of the final order passed on 17.01.2025 by Tehsildar dropping the proceeding under section 67 (1) of the U.P. Revenue Code, 2006 with liberty to petitioner to initiate proper proceeding for settlement of plot in question under Section 67 (A) of U.P. Revenue Code, 2006, no interference is required in the matter. The instant Public Interest Litigation is accordingly, dismissed. Order Date :- 14.2.2025 PS* Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad