Neutral Citation No. - 2025:AHC:19460 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 287 of 2025 Petitioner :- Subash Gupta Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Brijesh Kumar Pandey,Vivek Kumar Singh Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Chandra Kumar Rai,J. 1. Heard learned counsel for the petitioner, Mr. Hari Mohan Srivastava, learned Additional Chief Standing Counsel for the State-respondents and Mr. Sudhir Bharti, learned counsel for the respondent- Gaon Sabha. 2. The instant petition has been filed for the following reliefs: "i. to issue a writ, order or direction in the nature of mandamus directing the issue an ad- interim mandamus directing the Assistant Collector / Tahsildar, Tumkuhiraj, District- Kushinagar (herein respondent no.2) to remove the illegal constructed house made by respondent no.5 by encroaching the arazi no.2163 Mi / 0.008 hectare and 280 Mi/0.001 hectare recorded as Nali and Garhi in revenue record belongs to gaon sabha land. ii. to issue any other suitable writ, order or direction directing the Assistant Collector/ Tahsildar Tumkuhiraj, District- Kushinagar (herein respondent no.2) to take appropriate action against the respondent no.5." 3. Mr. Hari Mohan Srivastava, learned Additional Chief Standing Counsel for the State raised preliminary objection that instant public interest litigation is not maintainable as affidavit of the petitioner has not been filed. He further raised objection that order for ejectment and damages has been passed by the Tahsildar, as such, remedy if any, is available under Para 460 of U.P. Revenue Court Manual for implementation / execution of the order passed under Section 67 of U.P. Revenue Code, 2006. 4. Considering the aforementioned facts and circumstances, the instant public interest litigation cannot be entertained. 5. The instant public interest litigation is finally disposed of with observation that appropriate proceeding can be initiated as provided under Para 460 of U.P. Revenue Court Manual. Order Date :- 11.2.2025 Rameez Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad