Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3263 of 2025 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J.
1. Instruction dated 24.10.2025 sent by Tahsildar Sadar, Mirzapur is taken on record. 2. Heard Mr. Rajesh, learned counsel for the petitioner, Sri P.S. Chauhan, learned Standing Counsel for the State and Mr. Pradeep Singh, learned counsel for the Gaon Sabha. 3. The instant public interest litigation has been filed for the following relief:-
"1. Issue a writ order or directing the respondent no.2 and 3 to take action against the encroacher/respondent no.5 namely Ramniwas in respect of order dated 30.09.2024 and 28.05.2024 respectively and to vacate the land of public utility use as villagers movement and public transportation which is used as chakroad of Arazi No.457 Rakba-0.00032 Hect. in total Rakba-0.0160 hect. II. Issue a writ order or direction in the nature of mandamus directing the respondent no.2 and 3 to expeditiously/time bound decide the representation application of petitioner dated 18.07.2025 (Annexure No.3)."
4. Learned counsel for the petitioner submitted that inspite of the order for eviction and damages passed against the private respondent no.5, the encroachment has not been removed from the plot in question. He further submitted that on behalf of the petitioner, an application has been filed Versus Counsel for Petitioner(s) : Rajesh Counsel for Respondent(s) : C.S.C., Pradeep Singh Manoj Kumar Singh .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
before the District Magistrate/Sub Divisional Officer but no steps have been taken by the authorities. 5. Learned Standing Counsel for the State, on the basis of instructions, submitted that Writ-C No. 27869 of 2025 filed by the respondent no.5 Ramniwas was dismissed by this Court vide order dated 20.08.2025. He further submitted that review application has been filed by the respondent no.5, which is pending before this Court. 6. I have considered the arguments advanced by learned counsel for the petitioner and perused the records. 7. There is no dispute about the fact that the order for eviction and damages has been passed by the Tehsildar, which has been maintained in appeal by the District Magistrate. 8.
Under para 462 of the U.P. Revenue Court Manual, provision has been prescribed for implementation of the order passed in the proceedings under Section 67 of U.P. Revenue Code, 2006 as such public interest litigation for implementation of the order passed under Section 67 of U.P. Revenue Code, 2006 cannot be entertained. 9. Considering the aforementioned facts and circumstances of the case, instant public interest litigation is dismissed with observation that appropriate proceedings for implementation/execution of the order passed under Section 67 of U.P. Revenue Code, 2006 can be initiated, in accordance with law. October 27, 2025 Mini WPIL No. 3263 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad