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2025 DAILYLAW 172624 (ALL)

SUBEDAR YADAV v. STATE OF UP AND 7 OTHERS

WPIL/3192/2025 · 2025-10-27

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3192 of 2025 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J. 1.Heard Mr. Arvind Kumar Tiwari, learned counsel for the petitioner, Mr. Swatantra Kumar, learned Standing Counsel for the State-respondents and Mr. Bhupendra Kumar Tripathi, learned Counsel for the Land Management Committee. 2.The instant public interest litigation has been filed for the following relief: "a) Issue a writ,order or direction in the nature of mandamus, directing the respondent no. 2 to 5 forth with take action against the private person (construction boundary walls, Pakka Makan) in the regards of Arazi no. 644 Area 0.1800 hec. Barren Land/furniture wood scheme. b) Issue a writ, order or direction in the nature of mandamus, directing the respondent no. 2 to 5 to use of the power as per rules prescribed and or the U.P. Revenue Code, 2006." 3. Leaned counsel for the petitioner submitted that in spite of the order passed in the proceeding under Section 67 of U.P. Revenue Code, 2006, order has not been given effect on spot, as such necessary direction be issued for removal of encroachment from Versus Counsel for Petitioner(s) : Arvind Kumar Tiwari Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C. Subedar Yadav .....Petitioner(s) State Of Up And 7 Others .....Respondent(s) the plot in question, which is recorded as Barren Land in the revenue record. 4. Learned Standing Counsel for the State-respondents and learned counsel for the Land Management Committee submitted that provisions has been made under Para-460 of U.P. Revenue Court Manual for the implementation/ execution of the orders passed under Section 67 of U.P. Revenue Code, 2006. 5. I have considered the arguments advanced by the learned counsel for the parties and perused the record. 6. There is no dispute about the fact that order for ejectment and damages under Section 67 of U.P. Revenue Code, 2006 has been passed by Tehsildar in respect to the plot in question. 7. Under para-460 of U.P. Revenue Court Manual, procedure has been prescribed for implementation/ execution of the order passed in the proceeding under Section 67 of U.P. Revenue Code, 2006, as such instant public interest litigation for implementation/ execution of the order cannot be entertained. 8. Considering the entire facts and circumstances of the Case, the instant public interest litigation is dismissed with observation that proper proceeding as prescribed under para 460 of the U.P. Revenue Court Manual can be initiated in accordance with law. October 28, 2025 PS* WPIL No. 3192 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad