Neutral Citation No. - 2025:AHC-LKO:42245 Court No. - 7 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 718 of 2025 Petitioner :- Nand Kishor Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 5 Others Counsel for Petitioner :- Anand Kumar Srivastava,Ankur Yadav Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. Instructions filed by learned Standing Counsel are taken on record. 3. The present petition has been filed by the petitioner for the following relief :- 1) A writ order or direction in the nature of Mandamus commanding and directing the opposite Parties no. 1 to 4 to take appropriate step for removing the illegal encroachment of the opposite party no.6 over the Gata No. 459/.045 Ha. recorded as Naveen Perti and Gata no.460/.1420 Ha. recorded as Khalihan in revenue record of village Kithoora,, Pergana and Tehsil Utruala, District Balrampur in pursuance of law lay down by the Hon'ble Apex Court of India in the case of Hinch Lal Tiwari Vs. Kamala Devi & others reported in (2001) 6 SCC 496, Jagpal Singh & others Vs. State of Punjab & others AIR 2011 SC 1123 and guide lance issued by the Board of Revenue U.P. and State Government in the interest of justice and restore the actual position of the land in question. 4. The Standing Counsel, based upon instructions, states that in respect of Gata No. 459, although respondent no. 6 has raised certain constructions, a suit has been filed bearing Suit No. 546 of 2024, in which an injunction order has also been passed. In terms of the injunction order, there is no bar to the institution of proceedings under Section 67 of the U.P. Revenue Code. As such, directions are issued to respondent no. 3 to institute and prosecute the proceedings under Section 67 of the U.P. Revenue Code in so far as it relates to Gata No. 459. However, before taking steps for execution of any order that is passed, the District Court concerned shall be informed and permission shall be taken. 5. In respect of Gata No. 460, it is informed that an order has already been passed under Section 67 of the U.P. Revenue Code and notices have been served upon the offenders. In respect of the said Gata No. 460, the present petition is disposed of with a direction to execute the order unless there is a legal impediment in the form of any order passed by any competent Court of law. 6. The petition stands disposed of. (Pankaj Bhatia, J) Order Date :- 23.7.2025 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench