OM PRAKASH SINGH v. STATE OF U.P. THRU. SECY. REVENUE DEPTT. LKO. AND 7 OTHERS
WPIL/685/2025 · 2025-07-10
Pankaj Bhatia
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 150102 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150102 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39379
Court No. - 7 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 685 of 2025 Petitioner :- Om Prakash Singh Respondent :- State Of U.P. Thru. Secy. Revenue Deptt. Lko. And 7 Others Counsel for Petitioner :- Komal Prasad Tiwari,Malik Faiyaz Ahmed Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Pankaj Bhatia,J.
1. Shri M.B. Singh and Shri Vikas Singh, Advocates have filed Vakalatnama on behalf of respondent Nos.6 to 8, which is taken on record.
2. Heard learned counsel for the petitioner and learned counsel for respondent Nos.6 to 8 as well as learned Standing Counsel.
3. The present petition has been filed with the following relief:
"(i) Issue a writ order or direction in the nature of MANDAMUS commanding the Respondent(s) No.2 to 4 to ensure eviction of private respondents no.6 to 8 from the Public utility Land gata no.859 measuring area 0.037 hectare situated in village Dhekahi, Tehsil Sadar District Pratapgarh which is recorded an Naveen Parti in the revenue record, in pursuance of orders passed on 23.01.2025 by the Tehsildar (Judicial) Tehsil Sadar District Pratapgarh in case No.T202302570308065 (Gaon Sabha versus Brijesh Singh), in case No.T202402570300812 (Gaon Sabha versus Ashok Kumar Singh) and in case No.T202402570300813 (Gaon Sabha versus Mrityunjay) under section 67 of U.P. Revenue Code 2006, as they have not taken any effective steps in the matter, in-spite of applications moved by the petitioner before them."
4. Learned counsel for the respondents states that against the
order passed, a recall application is pending. In any case, the petitioner cannot take recourse to this Court for execution of an
order.
5. The petitioner would be at liberty to take recourse in terms of the provisions contained in paragraph 460 of the U.P. Revenue Court Manual, which shall be decided in accordance with law.
6. The executing court shall await the outcome of the recall application, which has been filed by the respondents.
7. The petition stands disposed of.
Order Date :- 10.7.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench