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2025 DAILYLAW 15861 (ALL)

MOHAMMAD ARIF v. STATE OF U.P. AND 6 OTHERS

WPIL/282/2025 · 2025-02-17

Chandra Kumar Rai

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:23083 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 282 of 2025 Petitioner :- Mohammad Arif Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Chandramani Singh,Satyawan Yadav,Surya Ditya Yadav Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Instruction dated 7.2.2025 sent by the Tehsildar, Shahganj, Jaunpur is taken on record. 2. Heard learned counsel for the petitioner, Mr. Dhirendra Kumar Srivastava, learned state law officer for the state- respondents and Mr. Bhupendra Kumar Tripathi, learned counsel for the respondent-gaon sabha. 3. The instant writ petition has been filed for the following relief:- "1. Issue a writ, order or direction in the nature of mandamus, commanding and directing the respondent authorities to remove the encroachment from the arazi no.541, area 0.174 hect., situated at village Natauli, Pargana Anguli, Tehsil Shahganj, District Jaunpur in pursuance of the judgment and order dated 7.11.2023 and 16.11.2023 (Annexure Nos. 8 & 9), passed by respondent no.4 against respondent nos. 6 & 7 which is recorded as kabristan in the revenue records." 4. Counsel for the petitioner submitted that in spite of the order passed by the Tehsildar for ejectment and damages in respect to the plots in question on 7.11.2023/16.11.2023, the order have not been given effect to. He submitted that appropriate direction be issued for removal of illegal encroachment from the plot in question. 5. Learned standing counsel and the counsel for the gaon sabha submitted that the instant public interest litigation for implementation of the order passed in the proceeding under Section 67 of the U.P. Revenue Code, 2006 is not maintainable. 6. I have considered the arguments advanced by learned counsel for the parties and perused the records. 7. There is no dispute about the fact that the order for ejectment and damages has been passed by the Tehsildar in respect to the plot in question on 7.11.2023/16.11.2023. 8. For execution of the order passed under Section 67 of the U.P. Revenue Code, 2006, remedy is provided under paragraph 460 of the U.P. Revenue Court Manual, as such, the instant P.I.L. cannot be maintained for implementation of the order passed in the proceeding under Section 67 of the U.P. Revenue Code, 2006. 9. 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 :- 18.2.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad