Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 12892 (ALL)

SHATRUGHANA PRASAD TRIPATHI v. STATE OF U.P. AND 6 OTHERS

WPIL/316/2025 · 2025-02-14

Chandra Kumar Rai

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:21341 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 316 of 2025 Petitioner :- Shatrughana Prasad Tripathi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Adarsh Mishra,Sanjay Agrawal Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble Chandra Kumar Rai,J. 1. Heard Sri Sanjay Agrawal, learned counsel for the petitioner, Sri Dinesh Kumar Verma, learned standing counsel for the state-respondents and Sri Pankaj Kumar Gupta, learned counsel for the respondent-gaon sabha. 2. The instant public interest litigation has been filed for the following relief:- "Issue a writ, order or direction in the nature of mandamus, directing the respondents to remove the illegal encroachment made by respondent nos. 6 & 7 over the gaon sabha land being land of arazi/gata no.32, area 0.004 hect., situated at village Thuha Tappa Navai, Pargana Nagar Paschim, Tehsil Harriya, Distrit Basti which is earmarked as "Naveen Parti" recorded in the name of Gaon Sabha Village Thuha, Tehsil Harriya, District Basti." 3. Counsel for the petitioner submitted that in spite of the order passed in the proceeding under Section 122-B of the U.P. Z.A. & L.R. Act as well as the order passed in the proceeding under Section 67(5) of the U.P. Revenue Code, 2006, encroachment from the plot in question has not been removed till date. He submitted that appropriate direction be issued for removal of illegal encroachment from the plot in question in pursuance of the order passed in the proceedings under Sections 122-B of the U.P. Z.A. & L.R. Act and 67(5) of the U.P. Revenue Code, 2006. 4. Learned standing counsel and the counsel for the gaon sabha submitted that the instant public interest litigation for implementation of the orders passed in the aforementioned proceedings is not maintainable. 5. I have considered the arguments advanced by learned counsel for 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 authorities in respect to the plot in question in the proceedings under Sections 122-B of the U.P. Z.A. & L.R. Act and 67(5) of the U.P. Revenue Code, 2006. 7. For execution of the orders passed in the aforementioned proceedings, remedy is provided under paragraph 460 of the U.P. Revenue Court Manual, as such, the instant P.I.L. cannot be maintained. 8. The P.I.L. is accordingly disposed of with observation that proper proceeding can be initiated according to the provision contained under Para 460 of the U.P. Revenue Court Manual. Order Date :- 14.2.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad