Neutral Citation No. - 2025:AHC:32608 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 168 of 2025 Petitioner :- Kalika Prasad @ Kalika Shanbhu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kirt Raj Yadav Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Chandra Kumar Rai,J. 1.Heard learned Counsel for the petitioner, Mr. Pankaj Kumar, learned Standing Counsel for the State-respondents and Mr. Rameshwar Prasad Shukla, learned counsel for the Land Management Committee. 2.The instant public interest litigation has been filed for the following relief: "i. Issue a writ, order or direction in the nature of mandamus commanding the respondent No.2 or to any other competent authority to ensure the eviction of the respondent Nos.4 from the disputed land plot No.348 recorded as "Rasta" and used as public utility land situated at village-Bhadasar Pargana Mahul, Tehsil-Phulpur District-Azamgarh and to remove the illegal encroachment and construction so raised by the respondent Nos.4 over the disputed land within the period so stipulated by this Hon'ble Court in ends of justice to the public at large and to preserve the public property. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent No.2 to initiate and complete the proceeding which has been initiated U/S 67 (1) of land Revenue Code and ensure the eviction of encroachers" 3. This Court vide order dated 24.01.2025/ 17.02.2025 directed the learned Standing Counsel for the State-respondents and learned counsel for the Land Management Committee to obtain instruction in the matter. 4. In compliance of the order dated 24.01.2025/17.02.2025 instruction dated 03.03.2025 sent by Tehsildar-Phoolpur, District- Azamgarh is taken on record. Learned Standing Counsel is directed to serve the copy of the instruction upon counsel for the petitioner. 5. Mr. Pankaj Kumar, learned Standing Counsel for the State- respondents and Mr. Rameshwar Prasad Shukla, learned counsel for the Land Management Committee on the basis of the instruction dated 03.03.2025 submitted that proceeding under Section 67 of U.P. Revenue Code, 2006 has already been registered against respondent No.4 as Case No.T202515060300668 before respondent No 2/Tehsildar Phoolpur, Azamgarh and final order has been passed for ejectment and damages on 22.02.2025. He submitted that after expiry of reasonable period proper action shall be taken by the authorities in accordance with law. 6. I have considered the arguments advanced by the learned counsel for the parties and perused the record. 7. There is no dispute bout the fact that order for ejectment and damages under Section 67 of U.P. Revenue Code, 2006 has been passed by Tehsildar on 22.02.2025 in respect to the plot in question. 8. Under para No.460 of U.P. Revenue Court Manual, provision has been made for implementation/ execution of the order passed in the proceeding under Section 67 of U.P. Revenue Code, 2006. 9. Considering the entire facts and circumstances of the case, the instant public interest litigation is disposed of with observation that appropriate proceeding can be initiated for execution of the order passed under Section 67 of U.P. Revenue Code, 2006 as prescribed under para 460 of the U.P. Revenue Court Manual subject to the finality of the order passed by Tehsildar under Section 67 of U.P. Revenue Code 2006. Order Date :- 6.3.2025 PS* Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad