HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 1092 of 2025 Court No. - 20 HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Yogeshwar Sharan Srivastava, learned counsel appearing on behalf of the petitioner, Sri Badrish Kumar Tripathi, learned Additional Chief Standing Counsel for the State respondents and perused the material brought on record. 2. The present petition in the nature of public interest litigation has been filed by the petitioner with the following prayer: "i. Issue a writ in the nature of mandamus directing thereby the respondent no. 2 to remove the illegal encroachment from the encroachers/respondent no. 4 over the public utility land Gata No. 138/0571 (Khalihan) in Village Devi Nagar, Post- Durjanpur Pachumi, Tehsil-Tarabganj, District Gonda by complying its own order dated 06.11.2023." 3. Learned Additional Chief Standing Counsel appearing on behalf of the State respondent on the basis of the written instructions dated 17.10.2025 provided by Sub Divisional Magistrate, Tarabganj, District Gonda, has made a statement at the Bar that in compliance of the order dated 06.11.2023, proceedings have already been initiated. Further, he has drawn the attention of this Court towards Clause 460 of the Uttar Pradesh Revenue Court Manual that deals with the execution of the order passed under Section 67 of the Uttar Pradesh Revenue Code, 2006. Clause 460 of the Uttar Pradesh Revenue Court Manual reads as under: "460. Execution of decree and order-(1) The decree or order passed under the Code or the Rules framed under Versus Counsel for Petitioner(s) : Yogeshwar Sharan Srivastava Counsel for Respondent(s) : C.S.C., Pankaj Gupta Smt. Sunita Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Lko. U.P. And 3 Others .....Respondent(s) the Code shall, mutatis mutandis, be executed in accordance with the provisions of Chapter V. (2) The Assistant Collector/Tahsildar passing the order for evicting or recovery of any amount of damages or compensation under the provisions of Section 67 of the Code shall get the order executed and in execution of the order he shall, mutatis mutandis, follow the procedure laid down in paragraphs 137 and 138." 4. In view of the aforesaid, this court is not inclined to entertain the present petition for want of availability of statutory remedy as provided under Clause 460 of the U.P. Revenue Court Manual. 5. Accordingly, this petition is consigned to the records. Needless to say that it is open for the petitioner to approach the authority concerned in accordance with Clause 460 of U.P. Revenue Court Manual for the redressal of her grievance. November 4, 2025 Arun WPIL No. 1092 of 2025 2 (Syed Qamar Hasan Rizvi,J.) Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench