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Neutral Citation No. - 2025:AHC:23697 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 349 of 2025 Petitioner :- Ramji Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Chandra Kumar Rai,J.
1. Heard Mr. Rajesh Kumar Singh, learned counsel for the petitioner, Mr. Dinesh Kumar Verma, learned standing counsel for the state-respondents and Mr. Rameshwar Prasad Shukla, learned counsel for the respondent-gaon sabha.
2. 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 respondents particularly the respondent nos. 6 to 14 to dispossess from encroachment of araji no. 270, mauja Sahabalpur, Pargana-Sikandarpur Garbhi, Tehsil- Rasra, District Ballia and also direct the respondent nos. 1 to 4 to comply the order of the Deputy Collector/Tehsildar, Rasra, ballia dated 22.12.2023 as well as the order of this Hon'ble Court dated 20.1.2022 passed in Writ Petition (P.I.L) No.2140 of 2021."
3. Counsel for the petitioner submitted that in spite of the
order dated 22.12.2023 passed by the Tehsildar for ejectment and damages in respect to the plot in question, the order has not been given effect on spot. He submitted that the order dated 22.12.2023 has attained finality, as such, appropriate direction should be issued for removal of illegal encroachment from the plot in question.
4. 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.
5. I have considered the arguments advanced by learned counsel for the parties and perused the records.
6. There is no dispute about the fact that the order for
ejectment and damages has been passed on 22.12.2023 by the Tehsildar in respect to the plot in question.
7. 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.
8. 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 :- 19.2.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad